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(영문) 대전지방법원서산지원 2015.10.29 2014가합450
부당이득반환
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is entitled to KRW 16,462,875 and each land indicated in the attached Table from April 1, 2015 to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of each of the instant land. The Defendant is the owner of each of the instant land, and is the owner of CJ 454 square meters and D forest land not exceeding 46 square meters adjacent to each of the instant land.

B. The Plaintiff’s ownership transfer registration was completed on August 8, 1967 with respect to the forest land Fran-si (hereinafter “forest land before division”) and the Plaintiff completed the registration of ownership transfer on December 26, 1974.

The part of the forest land before subdivision was divided into G on November 13, 1995, and was subject to registration conversion with the land under Paragraph (1) of this case, and was divided into H on April 3, 2001, and became subject to registration conversion with the land under Paragraph (2) of this case.

C. On July 13, 1969 (46.2m2) the Defendant’s father 1) newly constructed a house (40m2) on April 10, 1972 on the part of the forest land prior to the division of the Defendant’s father 1) and used on April 10, 1972. 2) the I purchased the JJ forest adjacent to the forest land prior to the division on July 31, 1973 and completed the registration of ownership transfer under the Defendant’s Dong-si K’s name, and on October 19, K completed the registration of ownership transfer of the said forest land to the Defendant on October 19, 194.

On November 13, 1995, the forest land was subject to registration conversion to C and D was divided into the above land.

The Plaintiff’s consent to land use and the Defendant’s previous building removal and new building construction 1) around October 1994, the Defendant removed the business offices above forest land before subdivision, and on November 2, 1995, with the Plaintiff’s written consent to land use on or around November 13, 1995, newly constructed two-story neighborhood living facilities above the instant land and land C on or before subdivision on or around March 2000. (2) The Defendant removed the housing above the forest land before subdivision and obtained the Plaintiff’s written consent to land use (hereinafter “written consent to land use”). At around that time, the Defendant extended part of the first floor and the third floor of the above neighborhood living facilities on or around October 24, 200, and newly constructed the warehouse at around that time.

3..

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