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(영문) 청주지방법원 2015.02.13 2014가단158183
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 15, 1985, Samto Construction Co., Ltd. (hereinafter “Tato Construction”) acquired ownership of the following forests and fields (hereinafter “pre-divided forests and fields”)

The total area of each forest on the area of 972 square meters of 1736 square meters of 20,336 square meters of 1596 square meters of 1596 square meters of 1596 square meters of 20,336 square meters of 17,336, Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do, Seoyang-gu, Gyeonggi-do, Seoyang-gu, Gyeonggi-do, Incheon Metropolitan City.

B. On February 25, 1986 and July 16, 1996, each of the above forests is currently divided, merged, and land category change as stated in the annexed land change relation map.

1) The total area of each site above 1122m2 in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do, Gayang-gu, 550m2, Goyang-gu, Seoyang-gu, Seoul, Gyeonggi-do, which is currently a site is 4,912m2m2. The total area of each site above 284m2,000,000,000,000,000 is 2,000m2,000,000,000,000,000 m2,000,000,000,000,000,000,000,000 is 2,00,000,000,000,000,000,00,000,00.

C. The sites described in paragraph (b)-1 above were owned by Samto Construction, and around March 1986, P apartment was constructed respectively on the ground. D. Each of the real estate listed in the separate sheet that was owned by Samtoto Construction (hereinafter referred to as the “instant land”) was subject to the registration of transfer of ownership in the Plaintiff’s future on January 29, 201, with regard to the sale of the instant land by voluntary auction on November 29, 2012. E. The instant land is used as the passage of the residents of the housing constructed on the land listed in paragraph (b)(1) above, and the Defendant occupies and manages the instant land as a road.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 1 through 11, and 13 (including each number; hereinafter the same shall apply).

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