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(영문) 수원지방법원 2016.03.08 2015가단10
부당이득금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On November 22, 201, Osan City Mayor applied for a construction permit to build a 4th floor factory on the non-point 92-1 and non-point 1 parcel of land in Osan City (hereinafter “instant construction permit”). In relation to the said construction permit, Osan City Co., Ltd. agreed to designate and publicly announce each of the above land as a road with respect to 316 square meters out of 92-1 and 203 square meters out of 92-1 and 1203 square meters out of 92-1 and 1981 at the latest.

(2) On December 201, the Plaintiff filed an application for approval for the alteration of the establishment of a factory with the permission holder for the instant building permit changed from ELD Co., Ltd. to the Plaintiff, and the area from 1,712 square meters to 1,709 square meters.

B. (1) On January 27, 2012, the Plaintiff completed the registration of ownership transfer on the ground of sale on November 30, 201 with respect to the land of 91-3 forest land in Yongsan-gu, Seoul Special Metropolitan City on November 27, 201, and on June 22, 2012, from the said 91-3 forest land, the number of land was divided into 91-7 forest land and 742 square meters on June 1, 2012, and the said 91-3 forest and 742 square meters was changed to the land for a factory on August 1, 2012, and the said division and land category was applied by the Plaintiff.

(2) On January 20, 2012, the Plaintiff completed the registration of transfer of ownership on the ground of sale on December 21, 201 with respect to the area of 1,203 square meters in Yongsan-si, Seoul Special Metropolitan City on December 21, 201. From the preceding 92-1 to the same 92-7 square meters on June 22, 2012, the Plaintiff divided the area of 92-7 square meters and 318 square meters on June 22, 2012, and the said 92-1 to the preceding 569 square meters on August 1, 2012, the land category was changed to the land for a factory on August 1, 2012, and the said division and land category was changed by the Plaintiff’s application.

(3) On July 26, 2012, the Plaintiff received a completion inspection on the construction of a factory site on the 1,709 square meters (site 1,311 square meters, road 398 square meters) among the land 91-3 and 92-1, Yongsan-gu, Seoul Special Metropolitan City.

C. It is referred to as “the land of not more than 91-7m2 m2, Do-dong, Osan-dong, Osan-dong, 82m2.”

92-7.9

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