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(영문) 부산지방법원서부지원 2020.12.18 2019가단117505
소유권확인
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendants B, C, and D were co-owners of the real estate listed in [Attachment List No. 1], Defendant E, and F, but Defendant B, E, and F had completed each registration of ownership transfer on their own share due to consultation with the Korea Land and Housing Corporation around 2019.

B. On the other hand, on March 27, 2004, the Plaintiff leased each real estate listed in the separate sheet from the Defendants, from G G to G, and constructed a plastic house building, water tank, tent storage yard, etc., including each household building stated in the purport of the claim on that ground, and cultivated by planting eggs around that time.

C. However, the Defendants and the Plaintiff, the owner of the Gangseo-gu Busan Metropolitan City H H H G G, filed a lawsuit against the Plaintiff seeking unjust enrichment equivalent to the rent (hereinafter “instant extradition lawsuit”) on October 8, 2009 against the Plaintiff by removing the facilities of each household building, etc. indicated in the purport of the claim for the transfer of land and claim on the grounds of the expiration of the lease term, and by claiming unjust enrichment equivalent to the rent (the Busan District Court Decision 2009Da43115, Apr. 1, 2009). The above court rendered a judgment citing the purport that “the Plaintiff shall deliver the land to the land owners including the Defendants, and shall remove all the facilities including the instant household building, and pay the money calculated at the rate of KRW 1,00,000 per annum from April 1, 2009 to the completion date of delivery of land.”

The plaintiff appealed against the above judgment (the Busan District Court 2009Na20014 delivered land) but withdrawn the above appeal on January 19, 2010.

E. On the other hand, on June 25, 2010, the Plaintiff, among Defendant D, C, and B, sold to 2,00,000 square meters of a household building at the 2,00,00 square meters on the part of the unit of the building connected each point specified in attached Table 7, 8, 9, 10, 10, and 7 of the ground surface drawings indicated in attached Table No. 1 of the attached Table between Defendant D, C, and B, and Paragraph 3 of the attached Table between Defendant E and F on the same day.

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