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(영문) 창원지방법원 2016.05.24 2015가단77550
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. The Plaintiff’s land utilization status, etc. 1) The Plaintiff’s land Kimhae-si B (hereinafter “Plaintiff’s land”).

A) Around 2007, the owner of a building applied for approval of the new construction of a factory to the competent authority. Around July 2007, the Kim Sea Mayor, the competent authority, approved the construction of a factory, etc. on an additional basis, stating that “The portion of the building deduction is scheduled to be changed to a road after division before approval for the use of the building is granted,” and “The land category of the building can be changed to a road because development activities on the portion of the road established in the main factory (C) are prior to the completion of development activities on the part of the road established in the main factory (C), instead of an adjacent factory, the land category should be changed to a road.”

Since then, the Plaintiff operated the factory with the trade name “C” on the ground of the above land B.

(hereinafter referred to as the “instant land”) B.

1) The land adjacent to the land of this case (hereinafter referred to as “Defendant-owned land”) is adjacent to the land of this case.

(B) The Defendant completed the registration of ownership transfer in sequence on July 5, 2012, and March 6, 2015, respectively. (2) The land adjacent to the instant land by Kimhae-si (hereinafter “Defendant-owned land”) was the land owned by H and I (1/2 of each co-ownership share), and the gold Gagin Green Tech Co., Ltd. was the land owned by H and I (1/2 of each co-ownership share), and the registration of ownership transfer was completed in sequence on March 6, 2015 by the Defendant on May 6, 2008.

3) H and I are factories on the ground of the land owned by the Defendant (hereinafter “instant factory”)

) A new construction and completed the registration of initial ownership on April 23, 2008 (one half of each co-ownership share), and gold Bagin Tech Co., Ltd. with respect to the above building on May 6, 2008, and the Defendant completed the registration of initial ownership in sequence on May 4, 201, and Taejin Co., Ltd. on March 6, 201. 4) H and I.

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