logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.03.08 2014가합543373
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. 1) On November 5, 1980, the Plaintiff: (a) on November 5, 1980, Seoyang-gu B prior to the partition, Seoyang-gu, Seoyang-gu (hereinafter “B prior to the instant partition”).

(C) The merger of the instant land was conducted prior to the merger of the said land (hereinafter “the instant land”).

A) On May 6, 1960, the registration of ownership transfer was completed on the ground of sale and purchase. 2) On March 10, 1986, the land of this case was divided from the land of Soyang-gu, Soyang-gu, Soyang-gu, and the same day was converted from the land of Soyang-gu to the road, and was combined with the land of E and six other E. On September 4, 1987.

(Attachment 1. The real estate listed in paragraph (2) of the attached Table 1; hereinafter “instant land”). B before the instant partition, shall be the land B prior to the instant partition on March 30, 1989 (hereinafter “B after the instant partition”).

(A) The instant I land is 5,348 square meters prior to H, and 187 square meters prior to I (attached Form 1.1; hereinafter referred to as “instant I land”).

(4) The Defendant currently occupies and manages the I and C land as a road on the same day. The land category of the I land was changed from “former” to “road.”

B. 1) The Plaintiff completed the construction of the second floor building of a neighborhood living facility on May 1, 2014 after the instant partition, and completed the registration of ownership preservation on the said building on the land following the instant partition. On the same day, the land Category B, after the instant partition, was changed from Gyeyang-gu, Gyeyang-gu, Seoyang-gu B to the land Category B to the land Category B, Seoyang-gu, Seoyang-gu (hereinafter “B

(A) The real estate stated in paragraph (4) of the list 1, 276 square meters before J, and hereinafter “instant J land”).

2) The J land of this case is currently used as the passage of the vehicle and the general public, among the real estate of 18 square meters (attached Table 1. 3; hereinafter “part of the land of this case”) among the real estate of 679 square meters in Gyeyang-gu Seoul Metropolitan City B, Seoyang-gu B, Yangyang-gu.

[Ground of Recognition] Unsatisfy, Gap evidence 2, 3 (including each number), Eul evidence 6-2, and Eul evidence 6-3, and the result of a request for surveying and appraisal to appraiser K

2. Summary of the parties' arguments;

A. Plaintiff 1.

arrow