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(영문) 서울고등법원 2014.12.10 2014나2017341
부당이득금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. In the real estate register with respect to Suwon-si, Suwon-si B B, 155 square meters (hereinafter “instant land”), the instant land is owned by the deceased C (hereinafter “the deceased”), whose father is the Republic of Korea and the Defendant’s father. Among them, C’s share was 84/118, and C’s share was 34/118, but C’s share was 34/118, and on March 21, 2012, the ownership transfer registration was completed in the Defendant’s name on April 3, 2012.

B. On April 14, 1982, the registration of ownership transfer was completed in the name of the deceased on April 14, 1982 with respect to the fourth floor above the ground of reinforced concrete structure on the instant land and the first floor above (hereinafter “instant building”) on the ground of legacy on March 21, 2012, and the registration of ownership transfer was completed in the name of the Defendant on April 3, 2012.

C. The Republic of Korea’s 84/118 shares in the instant land are general property among state property. The Plaintiff is entrusted by the competent authority with the administration and disposal of the pertinent land pursuant to the State Property Act and subordinate statutes.

On March 21, 2012, the deceased died from D, E, F, G, H, I, J, K, K, L, M, and the Plaintiff, who is his spouse, and he jointly inherited the deceased.

(2/23) Shares in the inheritance of the Defendant. (e)

The entire land of this case is used as the site for the building of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 1-6, Eul evidence 1-6, Eul evidence 2, 4, 5-7, Eul evidence 3-1 and Eul evidence 3-2, and the purport of the whole pleadings

2. Determination

A. 1) The owner of a building or structure without authority on the land owned by another person shall be deemed to have obtained, as his own, a profit equivalent to the rent of the land from another person's property without any legal ground, unless there are special circumstances, and thereby, to have suffered a loss equivalent to that of the rent of the land from another person. Thus, Supreme Court Decision 195 delivered on September 15, 1995

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