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(영문) 대전고등법원 2017.01.19 2015나14806
부당이득반환
Text

1. The judgment of the court of first instance is modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 13,200,480 won and 13,200 won.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, and 9 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1 to 5, the testimony of the first instance court witness L, the results of the on-site inspection by the first instance court and the whole purport of the pleadings.

The Plaintiff is the owner of each land of this case. The Defendant is the owner of each land of this case, and is the owner of CJ 454 square meters and D forest land 46 square meters adjacent to each land of this case.

B. The Plaintiff’s father-child E is the F forest land in the time of de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto

On August 8, 1967, the registration of transfer of ownership in its name was completed, and on December 26, 1974, the Plaintiff completed the registration of transfer of ownership in the future. 2) Part of the forest land prior to the division was divided into G on November 13, 1995, and divided into the land in paragraph (1) of this case and paragraph (2) of this case, each registration conversion was completed.

C. The father of the defendant 1) The father of the defendant 1 (the father) was to build a building on the part of the forest before the I was divided and purchase a neighboring forest on July 13, 1969 (hereinafter "the place of business of this case")

A) The housing of April 10, 1972 (hereinafter referred to as “the housing of this case”) is the housing of this case.

2) On July 1973, 1994, K had completed the registration of transfer of ownership in the future of K, a Dong-si, the defendant's birth, by purchasing the J-si forest adjacent to the forest and field adjacent to the forest and field prior to the division on July 31, 1973, and K completed the registration of transfer of ownership in the above forest and field to the defendant on October 19, 1994.

On November 13, 1995, the forest land was subject to registration conversion to C and D was divided into the above land.

The plaintiff's consent to land use and the defendant's previous building removal and new building construction 1) around October 1994, the defendant removed the business office of this case and newly constructed the second floor neighborhood living facilities on November 2, 1995 with the plaintiff's approval to land use around January 13, 1995 with the plaintiff's approval to land use on November 2, 1995.

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