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(영문) 인천지방법원 2015.09.01 2015가합52875
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff)’s rejection of all of the instant counterclaim.

2. Defendant O, Q, and T are to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination as to the main claim (excluding Defendant O, Q, and T)

A. Basic facts 1) The parties-related Plaintiffs are the Seo-gu Incheon AW road 1,132 square meters (hereinafter “instant road”).

The Defendants are co-ownership owners of the land and the remaining Defendants except for the Defendant, Seo-gu, Incheon Metropolitan City. The Defendants are the owners of the apartment houses or detached houses adjacent to the instant road, and the Defendant Seo-gu, Incheon Metropolitan City is the local government having jurisdiction over the administrative district of the instant road. 2) on August 6, 1982, Daesung acquired the ownership of the land of Kimpo-gun, Kimpo-gun, and on October 22, 1982, 31 units of detached houses (exclusive use area of 48.60 square meters), 54 units of apartment houses (exclusive use area of 48.48 square meters), 1 unit of stores and ancillary facilities, and 1 unit of houses, water supply and drainage facilities, etc., and 198 of the former Housing Construction Promotion Act (amended by Presidential Decree No. 1984, Apr. 23, 1984; Presidential Decree No. 19684, Apr. 36, 1984).

C) On December 30, 1989, the ownership of the above land is another Dong Construction Co., Ltd. (hereinafter “Seoul Dong Construction”).

(2) On June 28, 1990, the construction in South Dong was transferred to Kimpo-gun and it was approved by the head of Kimpo-gun to change the name of the said project undertaker to the construction in South Dong-dong.) The construction in South Dong-dong was approved by the approval of the change in the project plan. The construction in South Dong-dong was completed by Kimpo-gun on December 28, 199

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