logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.08.20 2014나56850
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 16, 1978, D purchased 1,253 square meters, G, and 245 square meters, from the purchase of the Republic of Korea-si R (the Gyeonggi-gun S, Gyeonggi-do, prior to the change of administrative district on January 1, 1989; hereinafter the same shall apply) on October 16, 1978, and completed the registration of ownership transfer for reasons of sale on November 7, 1978. E purchased 49/1,039 square meters, among 3,453 square meters prior to T on October 16, 1978, and completed the registration of ownership transfer for reasons of partition of co-owned property as to 1,636 square meters prior to H on April 10, 1981

(hereinafter the above F 1,253 square meters, G 245 square meters, and 1,636 square meters prior to H are collectively referred to as “land prior to partition”.

The land before subdivision was developed in the order from around 1978 as a housing site. However, D and E newly built three Icele units (hereinafter “the instant apartment house”) on the ground before subdivision on August 30, 1979 with a building permit granted on the land before subdivision on September 1, 1981. On February 11, 1982, J field 298 square meters and K field 102 square meters from J field 1,253 square meters and K field 102 square meters from G prior to 245 square meters, and 197 square meters from L prior to H field 1,636 square meters, and the said land was divided as the details of the relevant application.

C. The building register of the instant apartment house and the registration of ownership preservation were entered in the building register of the instant apartment house as the site of the instant apartment house, and the F 902 square meters in size, H 1,572 square meters in size, and K 102 square meters in size. The said apartment house site had been completed to the number of buyers of the instant apartment house with 50 ownership transfer registration regarding a certain share in the ownership.

Of the remaining partitioned lands other than the instant apartment house site, J 298 square meters, L previous 196 square meters, and M previous 64 square meters (hereinafter “instant road site”) were determined by the Gyeonggi-do governor as an urban planning facility (road) around March 24, 1978 and publicly notified of the cadastral approval. A road project according to the determination of urban planning facilities has not been implemented until now. As a form leading to the central part of the instant apartment house site, according to the new construction and sale of the said apartment house, a considerable portion of the land is up to 50 households.

arrow