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(영문) 울산지방법원 2019.09.05 2018나27157
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On December 30, 1975, the Plaintiff’s attached B (hereinafter “the network”) acquired the ownership of 5 square meters in Ulsan-gu Seoul road and 718 square meters in Ulsan-gu, Ulsan-gu (hereinafter “the land before the instant partition”) on December 23, 1978.

B. Around July 1987, part of the land before the instant partition (current area E is expected to be incorporated into an urban planning road (Fho-gu) in accordance with the urban management plan, and the area of 5m2m2 in Ulsan-gu C road was naturally connected to a natural road, but is expected to be incorporated into an urban planning road (Gho-gu) in order to expand the width of the road into 4m. D. The deceased, among the land before the instant partition, was planned to be incorporated into an urban planning road. The content that multi-household housing was built on the land before the instant partition, excluding the area of 162m2 as above, which was planned to be incorporated into the urban planning road, was obtained a building permit, and multi-household housing (hereinafter “instant aggregate building”).

A) A new construction was made, and on September 24, 1992, after obtaining the approval of use on September 16, 1992, the registration of ownership site right was completed with respect to the instant land before the partition. D) The Defendant thereafter completed the registration of ownership site right with respect to the instant land on September 24, 1992. On around 1999, the Defendant: (a) Ulsan-gu C road in Ulsan-gu and Ulsan-gu E-gi (hereinafter “each of the instant land”).

E) The deceased was incorporated into a road. The deceased newly built the instant aggregate building and disposed of part of each unit to a third party on October 19, 2009, and died on or around October 19, 2009, and the plaintiff inherited five square meters of Hhoho and I and Ulsan Nam-gu C road among the instant aggregate buildings. The plaintiff (the first owner’s ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership of 9,072 deceased (i.e.

F. After that, on December 24, 2014, the Plaintiff sold to J the Hho Lake, I, and Ulsan-gu C road of 5 square meters among the instant condominium buildings.

G. Meanwhile, according to the result of the court of first instance’s entrustment of appraisal to K, each of the instant lands.

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