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(영문) 대구지방법원 2017.11.24 2016가단124488

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C around 1959, around 1959, newly constructed a 'inboard building' and completed the registration of initial ownership of the part of the 'inboard building' (hereinafter referred to as the 'inboard building') that connects each point of the attached Table 12, 13, 14, 15, 16, 17, and 12 on the land of Daegu Jung-gu, Daegu, E, F, and G. It was registered that the building in question is located in D land of Jung-gu, Daegu, as recorded in C.

B. At the time of the construction of the instant building, H’s land to the west of the Daegu Jung-gu D site, I, and the west-west were located successively. Each of the said lands was installed with a width of 2 to 3.475 square meters wide from each of the said lands, wherein approximately 33.475 square meters wide from each of the said lands were used for the said H-owned building site without permission, and C, without knowledge of such circumstances, installed a fence in proportion to 9 square meters in part (hereinafter “instant land”), which connects each of the said parts of 8, 11, 4, 6, and 8 square meters in [Attachment] as indicated in the attached Table No. 8, 11, 6, and 8 (hereinafter “instant land”), and constructed a fence by putting the said land to each of the said lands, with a boundary of 39 square meters in proportion to 39 square meters in the F-site.

(The sum of the above D and E sites, the instant land, and the above F sites is referred to as the “instant building site”). The sum of the area on the public register of D and E sites owned by C is 176 square meters.

C. After that, on November 19, 1966 with respect to the instant building and the instant building and the instant building D and E, M on December 21, 197, and on February 24, 1988, the procedure for the registration of ownership transfer for each sale was completed to the Defendant, and the possession of the instant land was succeeded in sequence.

The Defendant: (a) held title trust with the instant building and the instant building and the instant building and the instant building and the instant building and the instant building and E under title trust with N, the husband of Chok on September 24, 1998; (b) terminated the title trust again on July 5, 2007, and completed the registration of ownership transfer based on sale in the Defendant’s future; (c) even during the period of title trust, the Defendant continued to occupy the instant land.

On November 9, 197, the Plaintiff’s G site in Daegu-gu (hereinafter “Plaintiff’s land”).