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(영문) 광주고등법원(제주) 2016.03.23 2015나1095
부당이득금 반환등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant 1) The Plaintiff (Appointed Party KRW 14,33,400 and the Defendant).

Reasons

1. Basic facts

A. The Plaintiff and the designated parties (hereinafter “instant entire real estate”) through the Jeju District Court E’s auction of real estate title, sold 22 lots including Jeju City F and G, H, I, J, K, K, L, M, N,O, P, Q, Q, S, T, U, and V (hereinafter “instant entire real estate”), in full, around November 27, 2012. The Plaintiff and the designated parties completed the registration of transfer of ownership on November 30, 2012 for each of the Plaintiff 1/2 and for each of the designated parties 1/4 of the sale by voluntary auction on November 27, 2012.

B. On August 16, 2013, the Plaintiff filed a lawsuit against the Defendant to seek delivery of land and removal of a building, etc. (No. 2013da811). On the ground that the Defendant acquired statutory superficies under Article 366 of the Civil Act with respect to the following land among the instant real estate possessed, the Plaintiff dismissed the claim for delivery of each of the above land and received a judgment in favor of the Defendant regarding the removal of the remaining buildings and the removal of the building. The above judgment became final and conclusive as it is.

(1) In Jeju-si, 1,139 square meters in two-story offices and resting rooms, 87.89 square meters in two-story and resting rooms, 23.5 square meters in two-story 2,306 square meters in two-story 3,306 square meters in two-story and two-story 28.16 square meters in two-story and one-story 68.16 square meters in two-story and one-story 23.5 square meters in two stories and one-story 23.5 square meters in two stories before R. (3), one-story 213.5 square meters in one-story, one-story 213.5 square meters in one-story in one-story and one-third square meters in one-story, two-story 4 square meters in a boiler panel and one-story in one-story, two-story 2.4 square meters in one-story in one-story, two-story in one-story and three-three-six six 63 square meters in two-six six six six six six-four square meters in one-story.

C. On April 11, 2014, the Defendant, upon prior notice, extracted trees, etc. on the ground of the instant entire real estate as heavy equipment.

[Ground of Recognition] Facts without dispute, entry in Gap's 1 to 8, 10 evidence (including paper numbers), and pleadings.

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