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(영문) 광주지방법원 2020.02.13 2019가단519375
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From October 17, 2007 to July 30, 2009, an officetel construction work was conducted on the land of 2519m2 (hereinafter “land before subdivision”). The said construction was suspended even when the installation of a base-breaking construction on the two floors below ground level and the installation of a partial steel beam.

B. The Plaintiff was awarded a subcontract for the construction of H beam beam from the time of the construction of the said officetel, and leased the H beamline of 188.655 tons from D Co., Ltd and E, and installed it at the construction site.

C. On March 9, 2012, F Co., Ltd. purchased the land before subdivision in the Jinwon District Court Jinju Branch G case and completed the registration of ownership transfer on the 21st of the same month.

On February 23, 2017, the defendant purchased the land before subdivision from F Co., Ltd. and completed the registration of ownership transfer on April 26, 2017.

On March 23, 2017, the Defendant purchased the H beamline of 188.655 tons, which was installed on the land before subdivision from D Co., Ltd and E, with the purchase price of KRW 90 million.

E. On January 12, 2018, the instant land was divided into the Seocheon-si C Daecheon-si 2519.4 square meters (hereinafter “instant land”), Hocheon-si 640 square meters (hereinafter “instant land”), H large 117 square meters, and I large 702.4 square meters.

On December 2017, the Defendant sold H large 117 square meters, I large 702.4 square meters to a third party, and completed the registration of ownership transfer to a buyer on January 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1 to 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion as to the cause of the claim was established on the land before dividing the sn beamline of the Plaintiff’s 117.784 tons and sn beamline leased from D and E prior to dividing the sn beamline of 188.655 tons. Of the 117.784 tons of Hn beamline owned by the Plaintiff, the sn beam beamline installed on the instant land owned by the Defendant is 48.66 tons.

Inasmuch as the H beam beamline installed on the instant land is fixed in a depth of land and consistent with the land, the Defendant acquired the ownership of the H beamline and the Plaintiff’s 35,035,200 won = 48.

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