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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.05.14 2014나33458
부당이득반환
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The G field 91m2 (hereinafter “instant land before the instant partition”) was originally owned by H prior to the subdivision of Gwangju-si.

B. On January 1, 1994, H H’s construction of a building listed in attached Table 1 (hereinafter “instant building”) on the land prior to the instant partition by the head of Gwangju Gun, upon obtaining a construction permit for the construction of a new building on the land prior to the instant partition, and completed registration of the preservation of ownership on October 6, 1994.

C. On November 25, 1994, H divided the land prior to the instant subdivision into G G-si G-si, Gwangju-si (hereinafter “instant land”) and 712 square meters per 199 square meters per F-si, Gwangju-si (hereinafter “instant land”). On November 25, 1994, H completed the registration of ownership transfer for the instant land No. 1 based on donation in the name of I with respect to the instant land.

Defendant D completed the registration of ownership transfer on the ground of sale on December 4, 2012, with respect to the instant land No. 1 and the instant building No. 1.

E. On April 16, 1992, Defendant E acquired the ownership of J 487 square meters (hereinafter “third land of this case”) in Gwangju-si, Gwangju-si, and of K 15 square meters (hereinafter “fourth land of this case”) on July 1, 2004, Defendant E newly constructed a building on the land of this case Nos. 3 and 4 as indicated in attached Table 2 (hereinafter “instant building No. 2”), and completed registration of the preservation of ownership on September 22, 2006.

F. The land No. 2 is located between the land No. 1 and the land No. 3 of this case as shown in the copy of the cadastral map as shown in the attached Form No. 1, and is adjacent to the Gwangju Lane road at approximately 15 meters wide (hereinafter “instant meritorious road”). The concrete-packaged road is mostly used as the parking lot of the land No. 1 and No. 2 of this case and the passage between many unspecified persons, including the Defendants, who are owners of the building No. 1 and No. 2 of this case, which are the building No. 5 and No. 6 of this case, and users of the above buildings.

In this case.

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