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(영문) 서울서부지방법원 2018.06.01 2017나3516
지료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff asserted that the Plaintiff acquired ownership on July 26, 2016 after winning a bid in the case of a compulsory auction by official auction for real estate in Suwon-si, Suwon District Court (hereinafter “instant land”). The Defendant owned approximately KRW 70 square meters of housing on the instant land, approximately 13 square meters of housing on the instant land, and approximately 3.5 square meters of housing and warehouse in the board board board, and approximately 3.5 square meters of housing and warehouse in the board board board, etc. (hereinafter “instant building”) on the instant land by combining all of the instant land on the instant land, thereby occupying and using the instant land without a legitimate title. As such, the amount equivalent to the rent, which is a profit accrued therefrom, shall be returned to the Plaintiff, the owner of the instant land, as unjust enrichment.

2. In full view of the respective entries and arguments in Gap evidence Nos. 1 and 3, it is recognized that the defendant completed the registration of ownership transfer on July 15, 1980 with respect to the land of this case and above ground trees, and junbs, 9 of the house area of 8 square meters, 1980.

However, the following circumstances, which are acknowledged as being added to the purport of the pleadings as a result of the fact-finding by the court of the trial as to Gap evidence Nos. 4 and the head of Suwon-si, the court of the trial, together with the overall purport of the pleadings, are ① the above trees and the house area of eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-be's house area of the building in question, and the building in this case appears to have been newly constructed the building in this case, ② the ownership of the building in this case was not prepared by the defendant in his own effort and material, and ③ the appraisal report on the land and building

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