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(영문) 창원지방법원 2020.09.24 2020가합53395
부당이득금
Text

1. The plaintiff's main claim against the defendant C shall be dismissed.

2. The Plaintiff’s claim against Defendant B.

Reasons

1. Basic facts

A. 1) The Plaintiff is a business operator running the steel structure manufacturing and construction business, etc., and the Defendant B was a worker (on-site manager) employed by the Plaintiff. 2) D is the spouse of Defendant B (the wife), and Defendant C is a child between Defendant D and Defendant B.

B. D’s land purchase and construction of housing, etc. 1) D’s land purchase on May 24, 201, from E on May 24, 2011, FY 263 square meters in Haan-gun, Haan-do (hereinafter “instant land”).

D) purchase 26,500,000 won for the purchase price of 26,50,000 won in accordance with the above sales contract, D 3,000,000 won for the down payment of May 24, 201, and for the same year

6. Any balance of 21.23,500,000 won shall be paid respectively and the same year.

6. 23. D. The registration of ownership transfer will be completed in the future.

3) Around October 201, D obtained permission from the competent authority (the head of the fleet), and started the construction of a detached house on the instant land. D) around December 2, 2013, D transferred the right related to a building permit (including a permit for development acts and a permit for diversion of farmland) to the Defendant C, and filed a report on the change of the name of the owner of the building to the Defendant C with the Haan Gun to change the name of the owner.

C. The registration status, etc. of the instant land and building 1) was completed on December 26, 2013 in the Defendant C’s name with respect to the instant land (hereinafter “instant building”) and the ownership transfer registration was completed on December 26, 2013 (No. 1689, Jan. 22, 2014). On May 12, 2014, 2014, the two-story detached houses (general steel structure (framed), concrete roof, 1 story, 91.19 square meters, 2 stories, 79.8 square meters) on the instant land were completed (hereinafter “instant building”).

Since then, registration of preservation of ownership has been completed in the future of Defendant C.

(C) On June 9, 2014, the establishment registration of a new mortgage agreement was completed on June 9, 2014 (No. 12028, Jun. 9, 2014) with respect to the instant land and buildings (No. 11524, May 30, 201). (See Supreme Court Decision 200, Jun. 9, 2014; Supreme Court Decision 12028, Jun. 9, 2014)

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