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(영문) 수원지방법원 2016.09.20 2015나15839
부당이득금반환
Text

1.The judgment of the first instance shall be modified as follows:

Defendant Cow Korea Co., Ltd., Esteck, Inc.

Reasons

1. Basic facts

A. On November 20, 2007, the Plaintiff owned the land prior to the instant subdivision completed the registration of ownership transfer on L prior to L 1,150 square meters and M 274 square meters prior to M. (hereinafter “instant subdivision”).

B. At the time of the construction of the instant factory complex, a factory complex is constructed around the instant land prior to the instant partition. (2) At the time of the construction of the instant factory complex, the construction of a factory was permitted on the premise that the natural drainage channel was used on the boundary of a P forest and forest with L 1,150 square meters prior to the division. The facilities damaged the natural drainage channel upon the construction of the factory were installed, and thereafter, the relevant case corporation installed sewage pipes on the underground along the boundary of the land prior to the instant partition.

(3) Of the land before the instant partition, the part owned by the instant sewage management officer among the land prior to the instant partition is as follows: “VV” portion (64 square meters), which successively connects each point of which is indicated in the attached Form No. 41, 32 through 36, 20, 37, 38, 39, 22, 40, 40, and 41 with the indication of the attached Form No. 42, 43, 44, 45, 46, 18, 47, 48, and 42; “GV” portion (30 square meters) which successively connects each point of which is indicated in the attached Form No. 31,26, 27, 28, 29, 29, 6, 7, 30, and 31 square meters; the portion of land prior to the instant partition was divided into 30 square meters, 130,000 square meters prior to the instant partition.

The Plaintiff, among the instant sewage pipes, sold to a third party the land of Q 330 square meters prior to Q 330 square meters and the land of R 330 square meters prior to Q 30 square meters, in which the part of “v” (64 square meters) and “70 square meters” (30 square meters) indicated in the attached drawings among the instant sewage pipes, and completed the registration of ownership transfer on July 19, 20

2) After the division, the area of 490 square meters prior to L was divided into 325 square meters and 165 square meters prior to L on August 27, 2013. The Plaintiff currently owns land of 325 square meters prior to L, M, 274 square meters prior to L, after the division. The Plaintiff did not have any dispute over the grounds for recognition. 【No dispute over the ground for recognition, No. 6 certificates of land A, and No. 4 through B.

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