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(영문) 의정부지방법원 2018.11.02 2017가단26034
임료 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statement Nos. 1 and 2 of the judgment on the cause of the claim Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the Plaintiff was awarded a successful bid on March 30, 2016 and completed the registration of ownership transfer on April 5, 2016 after winning a bid of 209.5/838§³ U.S. (hereinafter “instant land”) out of 838 square meters in the case of compulsory auction on real estate at Jungcheon-si District Court V real estate, Jungcheon-si District Court on March 30, 2016. The Plaintiff was awarded the entire land in the auction case for the division of common property as of September 28, 2017 and completed the registration of ownership transfer on October 16, 2017, and the Defendants, the Defendants, and the designated parties listed in the separate list (hereinafter collectively referred to as “Defendants”), and the Plaintiff’s land in the AYAB building in each of this case.

According to the above facts, the defendants are obliged to return the land of this case to the plaintiff as unjust enrichment, barring any special circumstance, since they gain profit equivalent to the profit of use by occupying and using the land of this case as a road and thereby inflict loss equivalent to the same amount on the plaintiff who is the owner.

2. The Defendants asserted that the Plaintiff renounced the exclusive and exclusive right to use and benefit from the instant land.

In general, a person who intends to acquire the ownership of land through a successful bid, sale, or payment in kind shall examine the location, current status, and surrounding land in advance by land cadastre, register, urban planning confirmation source, cadastral map of related land, contents of public notice of auction date, details of auction objects kept in a court, inspection of records of execution, etc.

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