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(영문) 전주지방법원 2016.08.18 2016나4160
부당이득금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

Basic Facts

B. On September 20, 2006, the division process of the instant land and the relation of the right was divided into 191 square meters (hereinafter “instant land prior to the division”) and 53 square meters (hereinafter “the instant land prior to the division”) in Yansan-gu, Jeonsi-si, Jeonsi-si, Jeonju-si, and the 191 square meters prior to the Jeonsi-si, Jeonsi-si, Jeonsi-si. On April 27, 201, the entire 191 square meters was divided into 145 square meters prior to the Jeonsi-si, Jeonsi-gu, Jeonsi-si, Jeonsi-si, Jeonsi-si, and 46 square meters prior to the former Ysan-gu, Jeonsi-si, Jeonsi

On January 20, 2005, the registration of ownership transfer was completed in the name of G on April 20, 2007 under the name of Korea Construction Limited Company, and on October 17, 2007, Puuna Housing Co., Ltd., the registration of ownership transfer was completed in sequence. The public sale procedure for the instant land was commenced due to the tax delinquency in Puuuna Housing Co., Ltd. on December 8, 2009, and the registration of ownership transfer was completed on December 1, 2009 under the name of the Plaintiff on December 1, 2009.

At the time of acquiring the instant land through public sale, the Plaintiff was aware that the instant land is being used as an access road and a cremation for the instant collective housing, which is deemed below.

Puna Housing Co., Ltd. in the construction process of neighboring land building was approved for the use of the apartment house on November 23, 2006, and on September 10, 2008, 2008, the apartment house was registered for the instant apartment building on the land of this case and H 257 square meters in Yansan-gu, Jeoncheon-gu, Jeonju-si, Jeonju-si (Seoul-si, but was divided into H 449 square meters in Hasan-gu, Jeoncheon-gu, Jeonju-si, and Hasan-gu, Jeonju-si, 192 square meters in Haju-si).

G, the owner of the instant land at the time of subdivision, upon obtaining a building permit from the competent Gu office around November 2006 at the time of entering into multi-family housing, agreed to convert the land category of 67 square meters among the instant land and 192 square meters among the 192 square meters of the 67 square meters of the instant land and the 192 square meters of the YY-gu Seoul Special Metropolitan City into a road

The current status of use.

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