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(영문) 수원지방법원 2016.06.29 2014가단9539
부당이득금반환
Text

1. The defendant,

A. The plaintiff (Appointeds) and the appointed parties B, each of 624,097 won, each of 416,064 won, d.

Reasons

1. Facts of recognition;

A. G, H, Plaintiff (Appointed Party), and Selection B completed the registration of partial transfer of ownership on the ground of sale on June 23, 1984, with respect to shares of 27.8/191.2 of G, H, Plaintiff (Appointed Party) among the shares of 158 square meters (hereinafter “instant land”).

B. On June 26, 1987, the Selection C purchased 27.8/4 shares in the land of this case from H, and 27.8/1,147.2 shares in the land of this case from G, and completed the registration of transfer of each of the above shares on the same day.

C. The Selected E purchased 27.8/4 shares of the instant land from H on June 26, 1987 and completed the transfer registration on June 27, 1987.

The designated parties D purchased 83.4/1,147.2/1,147 of the instant land from G on June 26, 1987, and completed the transfer registration on June 27, 1987.

E. On August 7, 2012, the Selection F was donated 5.6/1,147.2/1,147 of the instant land from G, and completed the transfer registration on August 13, 2012.

F. Accordingly, the land of this case is currently owned by the Plaintiff (Appointed), Appointed B, 16.8/147.2/1,147.2/1,147.2/1,147.2/1,147.2/1,147.4/1,147.6/1,147.2/1,147.6/1,147.2/1,147.6/1,147.2/1,147.2/1,147.

F. around June 1996, the building was constructed adjacent to the land of this case by the Heung-gu L and M. The Defendant owned the N building from June 199 to June 199.

G. During the period from July 1, 2003 to June 30, 2013, the Plaintiff (Appointed Party) sent the notice of September 24, 2013 (Evidence A4) to the Defendant by content-certified mail on behalf of the designated parties, demanding a return of unjust enrichment arising from the illegal occupation of the instant land during the period from July 1, 2003 to June 30, 2013. The Defendant received the said notice on September 25, 2013.

H. G is based on the Defendant’s illegal possession of the instant land, which occurred until the time of donation to the Appointor F of the shares 5.6 percent of the instant land on August 7, 2012.

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