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(영문) 서울고등법원 2017.02.17 2015나19744
부당이득금반환
Text

1. The judgment of the first instance court, including the Plaintiff’s selective claims added at the trial room, shall be modified as follows:

Reasons

1. Basic facts

A. C, on July 11, 1997, completed the provisional registration of the right to claim transfer of ownership on each real estate listed in the separate sheet, which H owned (hereinafter “instant real estate”), and completed the registration of transfer of ownership in its name on August 21, 2002 due to the successful bid by voluntary auction on June 14, 2002.

B. C sold the instant real estate to D on September 16, 2005, and completed the registration of ownership transfer in D on the same day, and D sold the said real estate to the Plaintiff on September 23, 2005, and completed the registration of ownership transfer on September 27, 2005.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2-3, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. When the Plaintiff purchased the instant real estate from Plaintiff D, the Plaintiff acquired the ownership of the instant real estate listed in paragraphs (2) and (3) of the attached Table Nos. 2 and (3) of the said real estate (hereinafter “instant orchard”). The Defendant disposed of the instant 180g of the number of the persons from 2011 to 2013, among the number of the persons of the said Washington, 180gs (hereinafter “instant number of persons”).

Therefore, the Defendant is obligated to pay 59,400,000 won (=330,000 won per 1gu x 180gu x 180gu) and damages for delay, which are equivalent to the market price of the camping region in this case, due to damages for tort or return of unjust enrichment.

In addition, the Defendant agreed to compensate the Plaintiff for the damages suffered by the Plaintiff by the instant self-denunciation disposition around January 5, 2015, and thus, the Defendant is obligated to pay the same amount in accordance with the above agreement.

B. Around April 10, 2002, the Defendant leased the instant orchard from C and planted three-year-old, including the self-denunciation of the camping in this case, around March 2004, the Defendant planted 200glus and smuggling trees.

Ultimately, the number of self-denunciation of the instant case was planted by the Defendant based on the title, and thus does not correspond to the instant orchard pursuant to the proviso of Article 256 of the Civil Act, C and thereafter.

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