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(영문) 서울서부지방법원 2017.10.12 2016나38737
부당이득반환
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased the Mapo-gu Seoul Metropolitan Government K 235 square meters and completed each registration of ownership transfer on April 4, 201 after purchasing Lbu 27 square meters on April 14, 2009.

(hereinafter referred to as "K land" and "L land"; hereinafter referred to as "land number means the land located in Mapo-gu Seoul Metropolitan Government). (b)

Most of the K and L land are classified into the current state of Q ground buildings (R childcare centers), K and S ground buildings (the Plaintiff’s side), T-ground buildings (U), V ground buildings (W), and X-ground buildings (Yra; hereinafter referred to as “the loan of this case”) that are linked to the neighboring N,O, and the roads are used as roads for access to Z roads where the residents or vehicles of Q ground buildings (R childcare centers), K and S ground buildings (the Plaintiff’s side), T-ground buildings (W), and X-ground buildings (Yra; hereinafter referred to as “the loan of this case”).

C. Of K’s land, one square meter for each point of 8, 9, 10, and 8 of the annexed drawings (hereinafter “the unit part”) is the site for facilities installed for reinforced concrete stairs to enter the instant Ba, and 1,8, 10, 9, 11, 12, 2, and 1 of the same drawings among K’s land, and 12 square meters for each point of 12, 11, 36, 4, 3, and 12 of the same drawings among L’s land and 20 square meters for each point of 12, 11, 36, 3, and 12 of the same drawings among L’s land (hereinafter “the unit part”) are used for the entrance and parking lot of the instant Ba.

The Defendants are sectional owners of the loan of this case who acquired ownership prior to April 14, 2009.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1 through 4, 8, Eul evidence Nos. 1, 2, 9, and 10 (including each number), the result of the measurement and appraisal commission to AA by the court of first instance, the result of the on-site inspection by the court of first instance, the purport of the whole pleadings

2. Assertion and determination

A. According to the facts found above 1 of the return of unjust enrichment, the Defendants, without title, have a part of K and L land owned by the Plaintiff, i.e., e., e., (B) and e.g.

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