부당이득금
1. Of the judgment of the court of first instance, KRW 18,356,553 against the Plaintiff and its related thereto, from May 27, 2016 to August 24, 2017.
1. Facts of recognition;
A. The Plaintiff’s acquisition of land ownership 1) The Plaintiff’s acquisition of land is deemed as C Dae-si 231 square meters (hereinafter “instant land”).
On April 8, 2009, registration of transfer of ownership was completed on the ground of sale in the Plaintiff’s future (see subparagraph 1). 2) On January 12, 2009, the provisional registration of the right to claim the transfer of ownership was completed on January 12, 2009 with respect to the portion of 1/2 out of D previous 3,333 square meters adjacent to the instant land (hereinafter “instant land 2”).
On January 12, 2009, the provisional registration of the right to claim ownership transfer based on the trade reservation was completed in the G on January 12, 2009 with respect to the remainder of the 1/2 portion of the land in the instant case. On November 16, 2010, the provisional registration was completed prior to the right to claim ownership transfer based on the trade transaction in the Plaintiff’s future.
On January 9, 2013, the registration of transfer of ownership was completed on the ground of the completion of trade reservation in the Plaintiff’s future.
(see Evidence A 2). (b)
The Defendant’s acquisition and loss of the ownership of the building on the land owned by the Plaintiff 1) Meanwhile, Bori Fisheries and Fisheries and Ginseng Co., Ltd. is the land of this case 1 and 2 (hereinafter “each land of this case”).
() The total area of 3,564 square meters is 3,191 square meters in total and 373 square meters in a site area among them, and the construction permit was granted from the prime liquor market by the prime liquor market. On each land of the instant case, the building (hereinafter “instant building”) consisting of 787.8 square meters in steel structure, sandbed position plate, warehouse facilities, etc. on each of the instant land.
(2) On October 23, 2012, when the building of this case was newly constructed and obtained approval for use, the registration of preservation of ownership was completed in the future of Bori Fishery Ginseng Incorporated Association on October 23, 2012 (see Evidence A, 9.2) on the building of this case due to the commission of registration in the case of real estate E compulsory auction for the original state branch of the Chuncheon District Court. < Amended by Presidential Decree No. 23798, Nov. 20, 2012; Presidential Decree No. 23788, Nov. 15, 2012>