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(영문) 의정부지방법원 2020.01.17 2019가단111684
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 4, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 330,000,000 for both 67/325 shares among the E-road 325 square meters, F forest 30 square meters, and G forest 860 square meters in the purchase price (hereinafter “the purchase of this case”), and completed the registration of ownership transfer for each of the above lands on October 20, 2010 on the grounds of the sales contract of this case on October 20, 2010.

B. Meanwhile, among C’s land, 94 square meters of 94 square meters and 384 square meters of the G land, a line for air transmission is passing through the air (hereinafter “the instant sectional superficies”). On December 9, 2009, the Defendant concluded a sectional superficies contract with the Korea Electric Power Corporation, stating that “(i) ownership and progress of a power transmission line: the ownership of a power transmission line; (ii) the duration of a power transmission line; (iii) the duration of a power transmission line; (iv) the total rent: KRW 13,901,660 for C’s land; (iv) the period of payment; and (v) the establishment of a sectional superficies contract with the Korea Electric Power Corporation on December 11, 2009, with respect to each of the instant sectional superficies as above.

C. In addition, on October 5, 2010, the Plaintiff paid KRW 30,000,000 as the title of the construction cost, etc. for G land rearrangement and sewage pipes, etc. (hereinafter “instant construction cost, etc.”) that the Defendant performed at the Defendant’s request, separately from the instant purchase price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion: ① After the Plaintiff acquired the ownership of each of the instant vessels.

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