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(영문) 수원지방법원 2017.02.14 2014가합61350
부당이득금
Text

1. Defendant (Appointed Party) and Appointed C jointly share KRW 188,675,50 and KRW 115,740,550 among them to the Plaintiff.

Reasons

Facts of recognition

On May 11, 2005, the Plaintiff, the Defendant, D, E, and F entered into a sales contract with G to H 4,719 square meters of forests and fields (hereinafter “the mother land of this case”) and buildings in Sungsung-si. The content of the sales contract was as follows: (a) the buyer classified the buildings on the above land as five bonds for convenience; (b) the buyer divided them into five bonds of convenience; and (c) then, (d) the buyer purchases them by dividing them into five lots of land mainly from the land on which the above building is located.

Therefore, the original and the Defendant decided to purchase 1,984 square meters out of the mother land of this case by dividing it, but the registration of ownership transfer on the above 1,984 square meters is completed in the name of the designated person C, because it is difficult to divide due to the building located on the ground of the above land. However, the Plaintiff agreed to set up a collateral security right on the above land.

Therefore, on June 21, 2005, the Selection C drawn up a loan certificate that borrowed KRW 120 million from the Plaintiff to the Plaintiff for the establishment of the right to collateral security.

On June 22, 2005, the mother land of this case was divided into 1,984 square meters of I forest land (hereinafter “the instant land”). With respect to the instant land, the registration of creation of a collateral security made on August 18, 2005, the registration of ownership transfer was completed in the name of the Selection C on August 18, 2005, with the same maximum debt amount as the same day, “120 million won”, “Appointed C”, and “Plaintiff”, respectively.

The Korea Water Resources Corporation ("the Korea Water Resources Corporation") shall give to the designated parties C the "in this case's obstacles to the land and its ground."

(1) As to December 14, 2012, the Central Land Expropriation Committee paid KRW 356,667,100 of the compensation for losses (i.e., KRW 320,370,100 of the instant land and KRW 36,297,00 of the obstacles, and acquired the ownership of the instant land on February 6, 2013.

On the other hand, at the time of the commencement date of the above confinement, the designated parties C2 chickens C, Plaintiff C, Plaintiff C, and Plaintiff 1/2 co-ownership 6 play equipment in co-ownership of the 4 house co-ownership of the 4 house mold.

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