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(영문) 부산지방법원 2018.09.06 2017가단310094
부당이득금
Text

1. The defendant,

A. The Plaintiff A and B, each of 25,925,95 won, and the corresponding amount shall be from June 20, 2018 to September 6, 2018.

Reasons

1. Facts of recognition;

(1) The Plaintiff A and B share the F-gu Busan Central District 85.3 square meters (hereinafter “F-land”) and G large 76 square meters (hereinafter “G land”) in their respective shares of shares of 1/2.

B. On April 19, 2016, Plaintiff A and B donated G land to Plaintiff C and Plaintiff D, and on the same day, Plaintiff C and D shared land in proportion to their respective shares of 1/2. The registration of ownership transfer was completed.

Secondly, on September 23, 201, the registration of ownership transfer in the name of the Defendant was completed on September 23, 201 regarding the buildings indicated in the separate sheet (hereinafter “instant building”) adjacent to F land and G land.

m. However, among the second floor of the instant building, the attached appraisal section 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the attached Table No. 85.3 square meters (hereinafter referred to as “WA”) is constructed on the part of land F, and the same appraisal among the instant buildings is indicated 3, 9, 10, 4, and 3 in turn connected each point of the said section among the buildings in question, the part 76 square meters (hereinafter referred to as “section building due to a cause caused to a disaster”) is constructed on the part of land G.

(v) Plaintiff A and B filed a lawsuit against the Defendant as Busan District Court 2015Gahap2976, claiming the removal of the building owned by the Defendant and the return of unjust enrichment equivalent to the rent from March 31, 2015, among F land and G land owned by the Defendant, until March 31, 2015. On June 24, 2015, the said court rendered a judgment that “the Defendant declared to Plaintiff A, B, the building constructed on the instant land and G land, and the removal of the portion of the building constructed on the instant land, and the return of unjust enrichment equivalent to the rent from March 31, 2015” (hereinafter “related judgment”), while the Defendant appealed on December 21, 2016, the said judgment became final and conclusive as it was by the Defendant’s withdrawal of the appeal.

[Ground of recognition] Evidence No. 1-4, Evidence No. 2-1-3, Evidence No. 3-4, and Evidence No. 3-4, and the court's request for surveying and appraisal to the Busan Vice-Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs.

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