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(영문) 광주지방법원 2016.10.19 2015나51704
부당이득금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

A. 1) On March 13, 1984, the Plaintiff omitted from the 615m2 in Gwangju Northern-gu D (hereinafter “Magju-gu Idong”).

(2) On September 4, 1992, the Plaintiff filed an application for the division and land category change with D 130 square meters in size and E road 485 square meters in size (hereinafter “instant land”). The Defendant accepted the said application on the following grounds on the same day, and divided and changed land category on the same day.

On January 31, 1992, the Plaintiff obtained a building permit on the D land.

The land No. 1 of this case is currently packed with concrete and used as a road.

3) Around September 16, 1992, the Plaintiff completed the new construction of a three story building on D land, and on October 7, 1992, the land category of D land was changed as of October 7, 1992. 4) The Plaintiff transferred the ownership of D land and building to J around October 192.

B. 1) On March 13, 1984, the Plaintiff acquired 1/2 shares in F. F. F. F. 610 square meters, and acquired the remaining 1/2 shares on October 24, 1987. On August 25, 1990, the Plaintiff acquired 259 square meters in K. Each of the above lands was merged on March 2, 1995 and became F. F.869 square meters in size. 2) on March 21, 1995, the Plaintiff filed an application with the Defendant for the division and alteration of the said F. F. 869 square meters in size into F. 54 square meters in size (hereinafter “F land”) and G road 315 square meters (hereinafter “instant land 2”), and the Defendant accepted the aforementioned application for the division and alteration on the same day on the following grounds.

The plaintiff was granted a building permit on the F land on December 1, 1994.

The land No. 2 of this case is currently packed with concrete and used as a road through which residents and vehicles pass.

3) On April 25, 1995, the Plaintiff completed the new construction of a three story building on F land, and on May 2, 1995, the land category of F land was changed as of May 2, 1995. 4) The Plaintiff transferred the ownership of F land and the building on December 26, 2012.

C. Meanwhile, land Nos. 1 and 2 of the instant case is located.

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