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(영문) 부산지방법원 2018.01.09 2016가단335935
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 21,024,033 as well as 5% per annum from August 22, 2017 to January 9, 2018;

Reasons

Basic Facts

The Plaintiff as a party is an owner of the volume of 223 square meters in Busan Seodong-gu Ddong (hereinafter referred to as “Masandong-gu”), and the Defendant is a owner of G large-202 square meters, H large-scale 144 square meters and a house on the ground, including 62 square meters in Fandong-gu, Busan Metropolitan City (hereinafter referred to as “Masan-dong”).

C and I’s change in ownership, etc. of each land, J, K, and L (hereinafter “J”) completed each registration of ownership transfer on July 11, 198 with respect to one-third share of M forest 3,720 square meters, respectively, and on October 20, 1989 with respect to one-third share of 54 square meters of C forest 54 square meters.

In M, N apartment was newly built on the ground of 3,720 square meters of M forest land, and registration conversion, land category change, and annexation with O land was made on January 17, 1990, and registration preservation of N apartment was completed on January 19, 190 with respect to N apartment on January 19, 190 with the land which is the object of site ownership.

On February 2, 1990, three persons, including J, completed the registration of transfer of ownership of C forest land 54 square meters to P. P. On January 8, 1993, P merged the said forest land and Q 174 square meters of forest land into C forest land 228 square meters.

C A voluntary auction procedure was conducted with respect to forest land of 228 square meters, and the registration of ownership transfer was completed on February 28, 2000 under R’s name on April 24, 200, and on June 14, 2002, the registration of ownership transfer was completed on March 25, 2002 under the Plaintiff’s name on March 25, 2002.

Since then, the above forest became a 223m2 on February 18, 2004 after the division and land category change.

On October 25, 1989 with respect to one-half share of FF land, etc. in the current status of ownership change and use of FF land, etc., the ownership transfer registration was completed on January 9, 1990 with respect to the remaining one-half share.

With respect to the above forest land, the transfer registration under T's name on July 14, 1995, the transfer registration under U's name on January 9, 1998, the transfer registration under V's name on January 22, 1998, the transfer registration under M's name on May 29, 199, the transfer registration under X's name on September 30, 200, the transfer registration under X's name on November 9, 200, and the transfer registration under the Z's name on September 26, 201.

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