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(영문) 전주지방법원군산지원 2014.07.03 2013가단13059
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 15, 1977, Red Doz., an incorporated foundation, purchased a wooden tank 307.4 square meters (hereinafter “instant land”) and a splate land 141.49 square meters business office located on the land and completed the registration of ownership transfer at that time, after purchasing a wooden tank 40.33 square meters of housing with 40.33 square meters and a block splate housing with 34.21 square meters (hereinafter “instant existing building”).

B. In around 1989, the Plaintiff leased the existing building of this case from the Red Round, the Foundation Act, and removed the existing building of this case, and newly constructed the building of approximately 70 square meters on the ground of the land of this case (hereinafter “new building of this case”). Around 1992, the Plaintiff extended the wall and roof of the new building of this case by extending it to approximately 25 square meters, mentor bricks, and one-story roof (hereinafter “the extension of this case”).

However, without reflecting the present status of the instant building in the certified copy of the register, the instant building on the ground is indicated as “a wooden lasp roof general restaurant of 141.49 square meters,” “40.33 square meters, i.e., wooden machine and roof single-story general restaurant of 40.33 square meters,” and “a block tank splate roof general restaurant of 34.21 square meters.”

(hereinafter referred to as "the building of this case" is added to the building newly constructed and expanded as above.

As above, on April 22, 1994, a judicial compromise was made between the Red-Profit Association, the Foundation and C, the nominal owner of the said lease contract, after the construction and extension of the instant building. The contents of the said compromise are as follows.

(A) The term "applicant" in the contents of reconciliation refers to the Red Profit Association as an incorporated foundation, and the term "other party" refers to C, the nominal owner of the lease agreement, and the applicant shall be the other party as the lease deposit.

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