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(영문) 수원지방법원 2021.01.13 2020나56001
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the 2nd floor building E, E, and F, E, and the Defendant is the owner of the 2nd floor building G, C, D, and E located adjacent to the Plaintiff’s building (hereinafter “Defendant building”).

B. The Plaintiff’s building and the Defendant’s building owned part of each of them (the occupied area of the Plaintiff’s building is eight square meters, and the occupied area of the Defendant’s building is 18 square meters) are owned by the Republic of Korea. The Plaintiff and the Defendant occupied the instant land without title.

(c)

On February 6, 2015, the Korea Asset Management Corporation notified the Defendant of the imposition of the changed monetary reward on the ground that it occupied and used the instant land without any loan agreement, and notified the Defendant of the imposition of the changed monetary reward, and notified the Defendant of the imposition of the loan application, and accordingly, the Defendant applied for the conclusion of the loan agreement after paying the changed monetary reward and applied for the conclusion of the loan agreement between the Defendant and the Republic of Korea on April 20, 2015, concluded the loan agreement (hereinafter “the instant loan agreement”). From February 26, 2015 to February 25, 2020, with the lease period of 18 square meters, which is the area occupied by the Defendant’s building among the instant land, with the annual rent of 80,130 won (including value added tax) (hereinafter “instant loan agreement”).

(d)

On November 20, 2015, Korea entered into a contract with the Plaintiff to sell the entire land of this case (including the size of the leased land to the Defendant) at KRW 35,360,000 (hereinafter “instant sales contract”) by means of a negotiated contract, not a competitive bidding. On January 13, 2016, Korea completed the registration of transfer of ownership of the instant land to the Plaintiff.

E. On November 24, 2015, Korea terminated the instant loan agreement as of November 19, 2015 on the ground that the sales contract for the instant land was scheduled.

F. On November 8, 2018, the Plaintiff occupied part of the instant land owned by the Plaintiff against the Defendant.

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