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(영문) 대구지방법원 2015.06.04 2014나16102
부당이득금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim for the principal lawsuit changed in the trial, shall be modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 11, 1987, the Plaintiff completed the registration of transfer of ownership on the ground of sale on June 10, 1987, with respect to one-half share of 1/2 out of C large 73 square meters (hereinafter “C land”).

B. Meanwhile, a building was constructed from around 1970 on the ground of D large 90 square meters adjoining C land (hereinafter “D land”). However, the network E completed the registration of ownership transfer on the ground of sale and purchase on January 14, 1975, and the networkF inherited it from the network E on August 19, 1984 and completed the registration of ownership transfer. The Defendant inherited it from the networkF on July 24, 2010 and completed the registration of ownership transfer.

C. On the ground of D, the above building and its appurtenant toilets were built in each section of Category 3 square meters in each section of Category 4, 5, 6, 8, 9, 10, and 4 of Map 1, and each section of Category 2, 3, 4, 10, and 2 of Map 2, 2, 10, 9, 12, 11, and 2 of Map 1,000 connected in sequence to each point of Category 2, 10, 10, 12, 11, and 2 of Map 1, the above section of Category 1 (hereinafter the above section of Category 1, the above part of Category 1, the above part of Category 3 (b), and the above part of Section 3 (c), the combined part of Section 1, item (a), (b), and (c) was connected to each other in each order with each other in June 201.

한편, ⓓ부분(ⓐ, ⓑ, ⓒ 각 부분) 및 ⓔ부분을 합하면, 별지 2 도면 표시 선내 3, 4, 5, 6, 3의 각 점을 순차로 연결한 선내 ㄴ부분 6㎡가 되는데, 이하 위 ㄴ부분을 ‘ⓕ부분’이라 한다. 라.

원고와 피고는 2014. 7. 21. '원고는 2011년경부터 2014. 7. 21.까지 피고가 C 토지 6㎡(위 ⓕ부분)을 사용함에 따른 사용료 60만 원을 받았고, 2015. 7. 21. 앞서 기재된 사용료 지급 내역에 비추어'2015. 7. 21...

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