logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.06.08 2015나35809
토지인도
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. In the first instance court, the Plaintiffs filed a claim for the return of unjust enrichment from the delivery and use of the forest of this case against the Defendant. The first instance court accepted the claim for the return of unjust enrichment from the use of the forest of this case, and dismissed the claim for return of unjust enrichment from the use thereof.

The scope of the trial of this court is limited to the above claim for restitution of unjust enrichment since only the plaintiffs appealed.

2. Basic facts

A. (1) On June 5, 2012, Plaintiff A was awarded a successful bid for the instant forest land No. 1 and completed the registration of transfer of ownership as the receipt of No. 8881, Jun. 5, 2012. (2) Plaintiff B completed the registration of transfer of ownership on June 22, 2012 by winning 9/10 shares among the instant forest land No. 2 and 3 and completing the registration of transfer of ownership as the receipt of No. 9717, Jun. 22, 2012.

3) On March 21, 2012, the Plaintiff Company purchased 1/10 shares of each of the instant 2 and 3 forest from E, and completed the registration of transfer of ownership on March 22, 2013 by the Changwon District Court’s registration office, Busan District Court. (B) G, the owner of the instant forest located within 39,769mm2 (hereinafter “pre-division”) 39,769m2 (hereinafter “pre-division”), the former owner of the instant forest located within Gyeongnam-gun, Busan District Court’s Office. On August 7, 2002, G filed an application for the subdivision of the forest located within the Defendant-Gun on August 7, 2002 before subdivision. Upon the said application, around August 20, 2002, G was divided into H 78,493m2 in the forest located within the forest located before subdivision.

2) On March 17, 2006, H The area of the forest of Gyeong-gun, Gyeong-gun was 2,161 square meters as in the instant forest No. 1. 3) On February 25, 2005, K, the former owner of the I forest of Gyeong-gun, Gyeong-gun, Busan, filed an application for the division of the said I forest with the head of the Defendant Gun on February 25, 2005. Upon the said application, the said I forest was divided into the instant forest of 2,161 square meters.

4. On June 21, 2013, Plaintiff B and Plaintiff Company filed an application for land alteration in the Jannam-gun of Gyeongnam-gun for the subdivision and merger. Upon the said application, the said Jan-gun filed on June 24, 2013.

arrow