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(영문) 수원지방법원성남지원 2015.06.23 2014가합8659
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 11, 1997, C filed a provisional registration of the right to claim ownership transfer on each of the real estate listed in the separate sheet of real estate (hereinafter “instant real estate”), but acquired ownership by winning a successful bid at a voluntary auction on June 14, 2002. On September 16, 2005, C sold the instant real estate to D.

D on September 23, 2005, sold the instant real estate to the Plaintiff. On September 27, 2005, the Plaintiff completed the registration of ownership transfer on the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

On September 23, 2005, the Plaintiff purchased and owned the instant real estate from D on September 23, 2005, and owned the instant real estate together with the self-denunciation and sealed trees, etc. complying with the ground.

However, the Defendant, among the instant real estate, received benefits by arbitrarily digging up the number of campings owned by the Plaintiff, which were involved in each real estate listed in paragraphs 2 and 3 of the attached Table Nos. 2 and 3 of the real estate list (hereinafter “instant orchard”), and incurred damages to the Plaintiff at the same time.

Therefore, the defendant is obligated to pay to the plaintiff KRW 180,000,000 (=180glus x 1 million) and damages for delay, which are reasonable in the market value of the number of campings in this case, which are unjust enrichment to the plaintiff.

B. Considering the overall purport of the pleadings in each of the statements in Gap evidence Nos. 2, Eul evidence Nos. 1 and 2, the defendant can recognize the fact that the defendant, with the permission of the cultivation of the orchard of this case from Eul, the owner of the orchard of this case, planting the 200 glusss and smuggling trees, including the glusities of this case, around March 2004. Thus, the number of campings of this case was planted on the ground of the orchard of this case under the defendant's legitimate authority.

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