logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.07.14 2013가단79737
부당이득금
Text

1. The Defendant’s KRW 44,776,710 among the Plaintiff and KRW 20,000 among them, shall be KRW 24,776,710 from July 12, 2013 to KRW 24,76,710.

Reasons

1. Facts of recognition;

A. C around 191, around Kimpo-si, owned a factory on the D’s ground of Kimpo-si, and vehicles having access to the above factory were used as roads adjacent to E, approximately 500 meters away from the above factory and E, which are owned by the Defendant, as roads adjacent to E, 1,438 square meters (hereinafter “instant land”).

B. The Defendant concerns over the collapse of the bridges, etc. of the instant land adjoining to the road due to the vehicles having access to the above factories of C passing over the instant land, and thus, concerns C about about approximately 300 square meters [ approximately 102.3 square meters (93m x 1.1m m x 1.1m m ; hereinafter “sale of the instant land”) along the waterways abutting on the road as set out below among the instant land.

[3] On October 2, 1992, the Plaintiff purchased the instant land, water supply system, and water supply system (power 225 KVA, 3 tons, 200,000 won, and 15 million won, respectively) from C.

On September 25, 200, the Plaintiff sold the above D land and its ground factory to G again, and on December 1, 2001, the Plaintiff leased the above F-ground factory (A) to G.

E. On October 19, 2005, the Korea Land and Housing Corporation acquired the instant land and its daily land in accordance with the procedure for the acquisition of public land by consultation. At the time, the Korea Land and Housing Corporation paid KRW 126,495,300,00, which is calculated as 437,700 per square meter (land category: miscellaneous land) to the Defendant who is a right holder of the instant land, among the instant land at the time.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, witness C's testimony, and purport of whole pleading

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) that the Plaintiff’s purchase and sale of the instant land from the Defendant and then re-sale to the Plaintiff without being unregistered, may seek against the Defendant the implementation of the procedure for the registration of transfer of ownership of the instant land. The Defendant is the Korea Land and Housing Corporation.

arrow