logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.12.14 2016가단318237
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. As to the land which was originally owned by Seocheon-gu Co., Ltd. D (hereinafter “instant land”), the registration of ownership transfer was completed on April 18, 2014 in the Defendant’s future on April 14, 2014; and on February 23, 2016, the registration of ownership transfer was completed on February 19, 2016.

B. Meanwhile, the F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) established a rush for the construction of a new building on the instant land as the owner of the building, and constructed a provisional building on May 26, 2016, E filed a lawsuit against Nonparty Co., Ltd. on May 26, 2016, seeking removal of the building and delivery of the instant land from the foregoing court on February 17, 2017, upon which it received a favorable judgment from the above court on February 17, 2017. The non-party Co., Ltd appealed appealed against the above judgment at the Incheon District Court 2017Na54206, and appealed on December 8, 2017 from the conciliation procedure of the above appellate court (Seoul District Court 2017Ma84259) to the non-party Co., Ltd. (E sold the instant land at KRW 650,000,000 to the non-party Co., Ltd., which completed the conciliation from the Incheon District Court 20198.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7, 24, Eul evidence 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. After constructing a new building on the instant land, the Plaintiff and the Defendant concluded a partnership agreement with the purport that the Plaintiff shall pay KRW 100,000 to the Defendant instead of owning the instant land and its ground buildings.

B. Accordingly, the Plaintiff newly constructed the instant building on the instant land with the Defendant’s consent to land use of the amount equivalent to KRW 143,91,100, and with the Defendant’s consent to land use of KRW 143,91,100.

arrow