(영문) 대전지방법원서산지원 2015.11.24 2015가단2265

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(영문) 대전지방법원서산지원 2015.11.24 2015가단2265

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. around 1985, Defendant B purchased the instant land and the instant building on its ground from Nonparty D and resided together with his husband E and other family members.

B. Defendant B completed the registration of ownership transfer for the instant land on May 20, 198, and the instant building was unregistered, and the registration of ownership transfer for the Defendant B was completed on November 14, 2008 at the same time as the registration of ownership preservation was completed under D’s name.

C. Defendant B transferred the instant land and buildings to E while divorced from E on March 1999, and the director was to deliver them.

With respect to the land of this case, the registration of transfer of ownership was completed on March 11, 1999 against Non-Party E, the E-type Non-Party F, the E-type on March 13, 199.

The Plaintiff completed the registration of transfer of ownership on September 23, 2013, based on inheritance by agreement and division as of January 4, 2005.

E. As to the instant building, Defendant C, the birth partner of Defendant B, completed the registration of ownership transfer on the grounds of sale on February 10, 2010. Upon filing the instant lawsuit from the Plaintiff, Defendant B completed the registration of ownership transfer on April 21, 2015 due to the cancellation of the agreement on the sales contract.

F. Defendant B did not reside in the instant building after March 1999, and Defendant C did not have resided in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s summary of the Plaintiff’s assertion is the owner of the instant land, and Defendant B is the owner of the instant building on the ground of this case, and Defendant B is obligated to remove the instant building to the Plaintiff and pay unjust enrichment to the Plaintiff during the period of occupation of the instant land.

Since Defendant C also occupied the instant land during the period of possession of the instant building, it is obligated to pay the Plaintiff unjust enrichment for the said period.

B. Summary of the Defendants’ assertion

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