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(영문) 수원지방법원여주지원 2015.03.26 2014가단30621
부당이득금
Text

1. The Defendant’s KRW 21,451,60 for the Plaintiff and 5% per annum from March 26, 2014 to March 26, 2015.

Reasons

1. Basic facts

A. (i) On April 12, 2001, C completed the registration of ownership transfer on April 20, 201, as to the land before the instant partition (hereinafter “instant land”).

Luxembourg The Defendant completed the registration of ownership transfer on August 8, 201 for inheritance by consultation and division on July 11, 201.

Article 22(1) of the Civil Act provides that “The land before the instant division shall be divided into a 660m2 and 488m2 (hereinafter “instant land”) on October 27, 201, and the land before the instant division was divided into a 660m2 and 660m2.”

B. On October 21, 201, the Defendant completed the registration of initial ownership relating to the building listed in attached Table 1 on the land before the instant partition.

C. (i) On January 20, 2012, the registration of transfer of ownership in the Plaintiff’s name (hereinafter “the registration of transfer of ownership”) was completed on January 27, 2012 on the (i) share of January 165/48 of the instant land.

On December 30, 2011, among the buildings listed in paragraph (2) of the attached Table Sheet List, 26.07 square meters in a warehouse of 1st floor (hereinafter “instant building”) was registered in the building ledger as part of extension of the building listed in paragraph (1) of the attached Table. Based on the above ledger, on November 26, 2012, the registration of alteration of indication of the building listed in paragraph (1) of the attached Table was made.

(B) Indication of the building after Alteration: the value of the building in this case at the time was equivalent to 2.1 million won.

[Ground of recognition] Facts without dispute, Gap evidence 4, 5, 7, Eul evidence 1-12, 3-1 through 3, the purport of the whole pleadings

2. The assertion and judgment

가. 매매대금 상당액 청구에 관한 판단 ⑴ 원고의 주장 ㈎ 원고는 2012. 11. 4. 피고로부터 매매대금을 5000만 원으로 정하여 이 사건 건물의 신축소유를 목적으로 이 사건 분할 전 토지 중 이 사건 건물 부지를 포함한 164㎡(= 1148㎡ × 1/7)를 매수하면서, 위 164㎡는 원고가, 나머지 부분은 피고가 구분 소유하기로 하되, 원고가 이 사건 분할 전 토지...

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