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(영문) 수원지방법원 2018.02.22 2016가단527031
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. In view of the Plaintiff’s view that the Suwon-gun, Suwon-gun, 191, was 321 square meters prior to the 191 Suwon-gun, the said land was divided into 33 square meters of Suwon-si Fro road (hereinafter “G”) and 228 square meters prior to H and 9 square meters of an I road. On January 27, 2016, J. 63 square meters of a road (hereinafter “K”) was divided into the said I land.

B. L newly constructed a house on the Suwon-si M and H ground, and completed the registration of initial ownership on August 30, 197 with respect to the above house.

C. L completed the registration of ownership transfer with respect to H land on April 12, 1958, and completed the registration of ownership transfer with respect to M large scale 228 square meters on July 2, 1962. On June 17, 1994, L joined the said two land into H large scale 456 square meters (hereinafter “N”).

L means the construction of a 2nd floor building above N and completed the registration of ownership preservation on June 17, 1994.

On September 2, 2014, the heir of the network D, including the plaintiff, completed the registration of initial ownership of G and K's shares in each inheritance among G and K, and the plaintiff's shares in inheritance are 19/200.

E. After purchasing N from L and completing the registration of ownership transfer on April 30, 2014, the Defendants newly constructed a multi-household house with the first and fifth floor above ground (hereinafter “instant building”).

On November 20, 2014, the Defendants completed the registration of the preservation of ownership of one half of the Defendants’ shares on the instant building.

F. The Defendants sold the instant building, which is an aggregate building, as follows, and completed each registration of ownership transfer and site ownership registration in the future of the buyers.

Buyer No. 01 on December 3, 2014, No. 303 of the date of registration of the transfer of ownership of the section for exclusive use, No. 402 on March 9, 2015, No. 401 on December 3, 2014, No. 402 of the date of registration of the transfer of ownership of the section for exclusive use, No. 401 on December 3, 2014, No. 401 on November 27, 2014, No. 4033, Nov. 27, 2014; No. 12843, Nov. 26, 2014; No. 5014, Nov. 27, 2014; No. 25138, Nov. 25, 2014; Act No. 1284, Nov. 3, 2014;

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