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(영문) 창원지방법원 2014.11.19 2014가합2273
부당이득금등청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) A purchase of land for a project to develop land for a factory shall be limited to the name of the administrative district D in Kimhae-si (hereinafter referred to as “D”).

(E) 23,008 square meters of forest land E (hereinafter “instant real estate 1”).

3) The project of this case is to develop a lot of land for factory (hereinafter “instant project”).

in F. Around May 1, 2006, such real estate shall be purchased in F.

5. 30. Completion of the registration of ownership transfer in F name.

2) C is a “second real estate” with G field 60 square meters and H field 3,081 square meters (hereinafter the above real estate).

In order to use B as access to the first real estate of this case, I agreed with C to purchase the second real estate of this case and sell it again to C.

I Pursuant to the above agreement, around July 10, 2006, purchased the second real estate of this case and the same year.

8.3. Completion of the registration of ownership transfer in I’s name.

B. The Defendant’s letter of performance assurance and establishment of a right to collateral security 1) The Defendant’s social welfare foundation J (hereinafter “instant foundation”).

(2) On May 2, 2008, K, the first real estate of this case, operated the “L” (hereinafter “L”) which is a mental health sanatorium. (2) C, on May 2, 2008, prepared a performance assurance under the name of F (hereinafter “instant performance assurance”) to the Defendant, and the content of the agreement is as follows.

In order to compensate for losses to adjacent L in relation to the construction of the first real estate in this case, F promises to implement the following in order to compensate for losses to adjacent L in connection with the construction of the first real estate in this case:

1. F Of the real estate No. 2 of this case, which is currently owned by I as of now, F shall conduct a survey by dividing 50 square meters (in the case of the instant land No. 2, the land from which the parallel parallels with the above crossings at the point of the least north of the crossing lines at the point of time) within six months.

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