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(영문) 수원지방법원 2017.11.23 2017가단502749
부당이득금
Text

1. The Defendant’s KRW 64,732,00 for the Plaintiff and KRW 5% per annum from February 9, 2017 to November 23, 2017.

Reasons

1. Facts of recognition;

A. On March 7, 2006, the Defendant completed the registration of ownership transfer based on sale as to the land for a factory of 315 square meters in Yeongdeungpo-gu, Suwon-si (hereinafter “instant land”). On the same day, the Defendant completed the registration of ownership transfer based on the trust contract in the name of the trustee, KB Real Estate Trust Co., Ltd.

B. On June 25, 2008, the Defendant repeated the registration of ownership transfer under the name of the Defendant, and the registration of ownership transfer under the name of the KF real estate trust company, which was based on the trust property attribution. On June 25, 2008, the registration of ownership transfer based on the trust was made on the trustee KF real estate trust company.

C. On October 27, 2014, the Plaintiff completed the registration of transfer of ownership on the instant land on September 12, 2014, and completed the registration of transfer of ownership on September 12, 2014, and completed the registration of transfer of ownership on the instant land under trust to the New Real Estate Trust Co., Ltd., Ltd., a trustee, a trust based on the trust on November 7, 2016.

On January 20, 2012, the Defendant newly constructed 8 shocking Institute on the ground of reinforced concrete structure on the instant land and B (hereinafter “instant building”) and completed registration of ownership preservation on January 20, 2012.

E. As to the instant building, Nonparty C completed the registration of ownership transfer based on the sale by voluntary auction on November 7, 2016, and the Plaintiff completed the registration of ownership transfer based on sale on November 7, 2016. On November 7, 2016, the Plaintiff completed the registration of ownership transfer based on the trust.

F. The sum of the rent from September 13, 2014 to November 6, 2016 on the instant land is KRW 64,732,00.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, appraiser D's appraisal result, the purport of the whole pleadings

2. The Plaintiff was the owner of the instant land from September 13, 2014 to November 6, 2016, based on the determination on the cause of the claim.

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