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(영문) 수원지방법원성남지원 2014.08.22 2013가단34524

부당이득반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The G field 91m2 (hereinafter “instant land before the instant partition”) was originally owned by H prior to the subdivision of Gwangju-si.

B. On January 1, 1994, H’s ASEAN obtained a building permit to construct a building listed in attached Table 1 (hereinafter “instant building building”) on the land prior to the instant partition from the head of Gwangju-gun (hereinafter “instant building permit”) and constructed the said building. On October 6, 1994, H made a registration of preservation of ownership on the said building.

C. On November 25, 1994, H divided the land prior to the instant subdivision into the said G GJ 712 square meters (hereinafter “instant land”) and FJ 199 square meters (hereinafter “instant land”). On November 25, 1994, H completed the registration of ownership transfer for the instant land 1 based on donation under the name of I.D.

Defendant D completed the registration of ownership transfer on the ground of sale on December 4, 2012 on the instant land and the instant building on December 11, 2012.

E. On April 16, 1992, Defendant E acquired the ownership of the above J 487 square meters (hereinafter “the third land”) and K 15 square meters (hereinafter “the fourth land”) on July 1, 2004, and newly constructed the buildings listed in paragraph (2) of the attached Table No. 2 (hereinafter “the second building”) on the third and fourth land of this case, and completed registration of the preservation of ownership on September 22, 2006.

F. The instant land No. 2 is located between the instant land No. 1 and the instant land No. 3, as shown in the copy of the cadastral map as shown in the attached Form No. 1, and adjoining to North Korea, approximately 15 meters wide of the road (hereinafter “instant public road”). On December 17, 2004, the ownership transfer registration for sale was made on the ground of M in the future on December 17, 2004. On May 22, 2012, the Suwon District Court’s Sung-nam Branch Branch Branch Branch Branch of the instant public auction procedure (hereinafter “instant auction procedure”), and the Plaintiffs were the said parties.