logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.02.02 2016가단21612
부동산인도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) KRW 14,243,878 and KRW 10,348,483 among them shall be applicable.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The registration of ownership transfer was completed on April 10, 1989 under the name of the non-party E Co., Ltd. (hereinafter "non-party E Co., Ltd."), and the decision of voluntary decision of auction was rendered on May 20, 191. On July 12, 2003, the registration of ownership transfer was completed on February 17, 1992 with respect to each 1/6 share in the name of the non-party E Co., Ltd. (hereinafter "non-party E Co., Ltd."). The registration of ownership transfer was completed on July 30, 203 with respect to each 5/6 share of the remaining co-owners except G except for G on July 31, 2003, the registration of ownership transfer was completed on July 30, 2003 due to a partition of co-owned property under the name of the plaintiff on August 4, 2005.

B. The building listed in attached list No. 2 (hereinafter “instant building”) is a building for which approval for use has not been obtained under the Building Act, and the registration of preservation of ownership was completed in the name of the non-party company on June 20, 2012 upon entrustment of registration of decision of compulsory commencement of auction on June 20, 2012. On October 31, 2013, the registration of ownership transfer was completed due to compulsory sale as of October 23, 2013 under the name of the defendant and H, and the registration of ownership transfer was completed on March 11, 2014 for shares of H 1/2 under the name of the defendant on March 3, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant is obligated to return unjust enrichment from January 1, 2014 to the date of delivery of land, since the Plaintiff gains unjust enrichment equivalent to the land use profit by owning the instant building on the instant land.

The Defendant is the land of this case, which is the land of this case, and the section for exclusive use and the right to use site are combined.

arrow