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(영문) 대전지방법원논산지원 2013.12.18 2013가합522
부당이득금반환
Text

1. The Defendant’s KRW 140,250,00 for the Plaintiff and KRW 5% per annum from June 6, 2013 to December 18, 2013, respectively, shall be the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff related to the Plaintiff owns 978 square meters (hereinafter “Plaintiff’s land”). The Defendant is a person who owns 874 square meters (hereinafter “Defendant’s land”) located immediately adjacent to the said land.

B. On April 2003, the Plaintiff and the Defendant jointly purchased 1/2 shares from the Seosan Repair Association in order to secure the right to view the land owned by each of the parties on their own. The Plaintiff and the Defendant decided to construct the Plaintiff’s land and substitute the purchase fund corresponding to 1/2 of the Defendant’s shares for the labor cost.

Accordingly, the Plaintiff paid 32,50,000 won to the Defendant around that time. The Defendant purchased the land No. 1 in the name of G, the Defendant’s head, and completed the registration of ownership transfer in G on August 5, 2003 with the said money on May 7, 2003.

After that, the defendant completed the registration of ownership transfer in the future of the defendant on the ground of donation as to the land No. 1 on December 24, 2008.

On the other hand, the Defendant received material costs from the Plaintiff from December 2002 to January 2009, and newly built a detached house on the Plaintiff’s land, and C completed the registration of initial ownership on January 13, 201.

C. On April 207, the Plaintiff and the Defendant jointly purchased H 1025 square meters of land (hereinafter “second-party land”) in proportion to one-half shares, respectively, from the first owner of the land at Seosan-si located on the same side of the first land. The Defendant agreed to later pay the Plaintiff the purchase amount corresponding to one-half of the Defendant’s share to the Plaintiff, and once the Plaintiff pays the full purchase amount.

Accordingly, during the period from March 26, 2007 to April 9, 2007, the plaintiff is the defendant's land 2.

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