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(영문) 창원지방법원통영지원 2020.11.26 2019가단1540
부당이득금 반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) C are dismissed.

2. The costs of lawsuit;

Reasons

Basic Facts

On June 23, 1978, the current state of the building and the network F related to the ownership of the site (hereinafter referred to as the “the network”) completed the registration of ownership transfer under the name of the deceased as to the wooden flag and the 76m2.98mm2 in Dong-gu, Dong-si and the 42.98m2 in the business office of the wooden flag and the 76m20.83m2 in the attached building, and the 20.83m2 in the business office of the wooden roof of the attached building (hereinafter referred to as the “former building”). Defendant B, his father, his father, after the deceased’s death, completed the registration of ownership transfer on each of the above real estate due to inheritance by consultation and division on October 9, 201, and Defendant C, the omission of Defendant B, completed the registration of ownership transfer on each of the above real estate due to sale on December 21, 2005.

Defendant C purchased the above land from the Republic of Korea and Tong-si, which is the co-owner of H-gu in Dong-si, and completed the registration of ownership transfer on September 2, 2015. On December 2, 2016, the said land was combined with G-si 76 square meters on December 2, 2016.

(B) The Plaintiff filed a report on the destruction of the instant building on August 31, 2016, and Defendant C newly constructed a building of reinforced concrete structure No. 1, Type 2 neighborhood living facilities, Type 1 neighborhood living facilities, Type 2 neighborhood living facilities, 57.71 square meters, and 62.17 square meters of two stories on the instant site on August 16, 2017, and registered the preservation of ownership on January 16, 2017, and thereafter extended the registration of the ownership on March 58.69 square meters of three stories on June 14, 2017.

(2) On January 2, 2019, Defendant C, as the owner of the instant building, sells general restaurants and sells agricultural and fishery products retail business, etc. on the second floor of the instant building with the trade name “I,” and Defendant B, on January 2, 2019, performed fishery products retail business under the name of “J,” by leasing a store of 1.79 square meters on the part indicated in Annex B of Annex 1 among the first floor of the instant building from Defendant C.

The E-road 240 square meters (hereinafter referred to as the “instant road”) is owned by the Republic of Korea, and the D ditch 117 square meters (hereinafter referred to as the “instant ditch”) in Tong-si is owned by the Republic of Korea and Dong-si.

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