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(영문) 의정부지방법원 2015.06.18 2014가단13914
지료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant lands”) is an aggregate building consisting of 63 households in total (hereinafter “instant apartment building”).

B. On November 14, 2011, the registration of ownership preservation was completed due to the entrustment of the registration of provisional disposition on the apartment as stated in the separate sheet No. 2 (hereinafter “household of this case”), and on December 1, 2014, the registration of ownership ownership was completed with respect to shares 28.381/1945 (hereinafter “share of each land of this case”) out of each land of this case.

C. Meanwhile, on June 19, 2013, the District Court Decision 2013Ma1325, between the Plaintiff and the Defendant, rendered a compulsory adjustment decision with the purport that “the Defendant shall implement the procedures for the registration of ownership transfer based on the trust on April 13, 2004 and implement the registration procedure for change of trust registration based on the trust property reverted to the Plaintiff,” and the said decision became final and conclusive on July 13, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6, 7, and 11, the purport of the whole pleadings

2. Determination on the cause of the claim

A. On November 14, 201, the Plaintiff’s gist of the Plaintiff’s assertion completed the registration of ownership preservation with respect to each of the instant units of land, and on December 1, 2014, the Plaintiff completed the registration of ownership transfer with respect to each of the instant units of land as a final and conclusive decision on compulsory adjustment. The Defendant, around November 14, 2011, when the Plaintiff newly built and owned the instant apartment and completed the registration of ownership preservation with respect to each of the instant units of land from November 14, 201 to November 30, 2014, the date the registration of ownership transfer under the name of the Plaintiff was completed. As such, the Defendant is obligated to pay unjust enrichment equivalent to the land rent during the period of unauthorized possession with respect to each of the instant units of land.

(b)the ownership and management of the aggregate building;

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