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(영문) 부산지방법원 2013.12.11 2012가합5028
부당이득금
Text

1. The Defendants are as follows: Defendant A, B, and 1 with respect to each of the following money and each of the above money listed in the separate sheet No. 1 attached hereto to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be found as a result of Gap evidence Nos. 1, 2, and 4 (including additional numbers), Gap evidence Nos. 6-12, Gap evidence Nos. 7-3, and appraiser G’s appraisal result, the result of this court’s entrustment of surveying and appraisal to the Vice-Governor of the Busan Busan Metropolitan City Headquarters of Busan Metropolitan City, Busan Metropolitan City, and the purport of this court’s inquiry and the entire arguments.

On November 26, 2001, the area of H forest in Nam-gu, Busan was 29,163 square meters around January 21, 1983, and thereafter 6,328 square meters around May 10, 1985, 29,163 square meters around July 9, 198, 26,174 square meters around January 22, 198, 22,786 square meters around June 9, 1992, and 22,297 square meters until around August 16, 195.

22,297 square meters (hereinafter “the instant forest”) with respect to the share of 1,810,761/2,278,60 out of the forest land, the registration of transfer of ownership was completed due to a successful bid due to a voluntary auction. On October 12, 2012, the Plaintiff claimed against the Defendants only unjust enrichment for the possession period until September 25, 2012, respectively.

The transfer was made to the K&P Unauthorized Investment Company.

B. On July 10, 1985, the Defendants asserted that the instant apartment house possessed only 4,024 square meters which correspond to the share ratio of Hanra Housing among the instant forest land as of July 10, 1985, prior to the division and merger with the same area as of July 10, 1985, was possessed as its site. However, in light of the fact that the instant forest land area has increased or decreased as seen earlier, it is difficult to view that only 4,020 square meters, which corresponds to the share ratio of Hanra Housing as of the time when the instant apartment is newly constructed, was located as its site, and there is no other evidence to acknowledge it otherwise.

(hereinafter referred to as the “instant apartment”) of 135 households, 4 units on the ground of the five parcels, other than the instant land, are newly constructed.

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