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(영문) 수원지방법원 2019.11.20 2019가단529342
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 21, 1998, the Defendant completed the registration of ownership transfer on the ground of sale on March 18, 1998 with respect to the land located in Hongcheon-gun C, Hongcheon-do, 1,827 square meters, 2 D land for factory, 883 square meters, and 32 square meters for E land for factory, etc. (hereinafter referred to as “the registration of ownership transfer”) on March 18, 1998.

(2) The Defendant newly constructed a factory, warehouse, or office building on each of the above land and completed the registration of ownership preservation on September 3, 1998, and thereafter used the above building as a feed factory, warehouse, etc. until then.

3) Meanwhile, on October 27, 2008, 235 square meters among the above D land were divided into G land for factory, and 315 square meters among the above C land were divided into H land for factory. (B) On October 22, 2007, the Plaintiff completed the registration of transfer of ownership on the ground of sale on October 12, 2007, with regard to the land owned by the Defendant as seen earlier, ① 2,257 square meters, ② 255 square meters before JJ, ③ 255 square meters, and 255 square meters of K forest.

2) On June 19, 2008, among the above I land, 230 square meters were divided into L, and thereafter, the land category of the said I and L was changed into a warehouse site. Meanwhile, on August 18, 2009, the above K land was converted into a registration conversion into 303 square meters in M warehouse site. 3) The Plaintiff newly constructed a warehouse building on the land of I and M and completed the registration transfer on June 1, 2017.

C. On April 24, 2004, the Defendant’s representative N completed the registration of ownership transfer on the ground of sale on April 19, 2004 with respect to the 833 square meters of O forest land on April 24, 2004. The Defendant’s representative completed the registration of ownership transfer on the said forest land: ① 41 square meters of P forest, ② Q forest, ③ 207 square meters of Q forest, ③ 184 square meters of R forest (hereinafter “instant land”).

2) N completed the registration of ownership transfer on December 19, 2005 with respect to the instant land to S on December 20, 2005.

Since then, the change of the owner of the instant land is as indicated in the following table, and the Plaintiff’s trade on April 8, 2019 with respect to the portion of 92/184 out of the instant land on April 12, 2019.

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