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(영문) 청주지방법원 2016.02.05 2014나5310
소유권이전등기
Text

1. The plaintiff's appeal and each claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On September 4, 1972, the Plaintiff’s wife C acquired the ownership transfer registration on the G site in the name of the Plaintiff on September 4, 1972 with respect to the G site in the Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant G site”). On July 5, 2002, at the auction procedure on the said site, the Plaintiff’s wife C acquired it.

B. On April 29, 2005, the defendant and E completed the registration of ownership transfer on the G site of this case on April 28, 2005 by 1/2 shares each on the grounds of sale and purchase on April 28, 2005, and on June 27, 2005, E’s shares were entirely transferred to the defendant.

C. On October 5, 2007, each of the instant buildings on the ground of the instant G site, where an unauthorized building was located, the Defendant expanded and reconstructed each of the instant buildings, and the owner registration was made in the name of the Defendant on the building ledger of each of the instant buildings.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 11 to 13 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant building and the instant G site, which were the instant building and its site, were originally owned by the Plaintiff, and C was awarded the bid for the said site at the auction procedure and thereafter the Defendant acquired the said site from C.

However, each of the buildings of this case is not included in the above auction, and is still owned by the plaintiff, and the defendant voluntarily registered the owner in the building ledger in its name.

B. The Plaintiff was donated each of the instant buildings from his father D in around 1997, and accordingly, the Plaintiff has the right to ownership or comprehensive profit-making and profit-making right as to each of the instant buildings. As such, the Defendant is obligated to deliver each of the instant buildings to the Plaintiff. The Defendant is obligated to return unjust enrichment of KRW 25,800,000 from October 6, 2007 to December 31, 2015, the following day after the Defendant registered as the owner in the building ledger of each of the instant buildings (= KRW 300,000 per month x July 2 months). The Plaintiff is obligated to return unjust enrichment of KRW 25,80,000 from October 6, 2007 to December 31, 2015.

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