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(영문) 의정부지방법원 2018.02.13 2017가단15287
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(2) On July 13, 2016, the transfer registration of ownership in E, F, G, H, and I (one fifth equity interest) was completed on the grounds of inheritance due to a division of consultations held on May 17, 2016.

B. The registration of transfer of ownership in the name of K was completed on the ground of the donation made on January 15, 1983 with respect to the area of 358 square meters in Guri-si J-si on January 15, 1983, and the registration of transfer of ownership in the name of the Republic of Korea was completed on April 18, 200 on April 26, 200 on the ground of an agreement on the land for public use as of April 18, 200.

C. On January 25, 2012, the Defendant concluded a sales contract between the Plaintiff and the Plaintiff to sell the instant building (hereinafter “instant sales contract”) with respect to the building without permission or unregistered building (hereinafter “instant building”).

The main contents of the instant sales contract are as follows.

The indication of real estate: The content of the contract with J (Gu), M (new), 105.6 square meters (32 square meters) - Sales Price: 66 million won: down payment - down payment of KRW 6 million - down payment of KRW 6 million on February 6, 2012 - The right of KRW 60 million on superficies * The defendant may waive all his/her authority on the date of the contract and may not raise any subsequent problems (Attachment to seal).

D. On February 6, 2012, the Defendant drafted an agreement on the trade of superficies, facilities (tentative name), rights (tentative name) relating to the instant sales contract with the Plaintiff (hereinafter “instant agreement on the sale of superficies”).

The main contents of the instant agreement on the sale of superficies are as follows.

Location: Matters agreed upon by the J (Rights of Seller) of Guri-si

1. A sales contract for the right of superficies. The Defendant is a contract that gives up all the rights (ex post facto compensation, expropriation, etc.) on the date of the contract and does not bring about any subsequent problems. All fines and administrative fines and public charges until the remainder on February 6, 2012 are paid, and cannot be repeatedly sold and purchased.

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