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(영문) 청주지방법원 2017.07.13 2015가단107205
소유권이전등기 말소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) On March 20, 2014, the Plaintiff is the Plaintiff’s forest of 18744m2 (hereinafter “instant forest”).

D/E sell approximately 400 square meters among them to the Defendant on behalf of the owner of D/E, and on June 17, 2014, 1322 square meters of F forest land in the Cheongju-si (hereinafter “instant real estate”).

(2) After selling the instant real estate to the Defendant, D et al. began to develop the entire forest of this case under the Plaintiff’s initiative as a site for electric source. In the process of implementing an agreement with the Defendant, at the time of the sale of the instant real estate, the Plaintiff carried out the instant forest of this case, including the instant real estate, on the entire forest of this case, which reaches 26 pieces, including the instant real estate, with the expenses of the Plaintiff, in addition to the aforementioned stone construction work.

3) However, as seen earlier, the Plaintiff agreed to bear only the construction cost related to tin axis and damage prevention measures in relation to the instant real estate. As such, the Defendant is obligated to bear the construction cost directly constructed on the instant real estate among the above construction cost incurred by the Plaintiff, and the construction cost for telecommunications waterworks and gas constructed on the instant forest for the entire forest. According to the result of appraisal entrustment, the aggregate of each construction cost reaches KRW 8,494,538, and the Defendant is obligated to pay the said amount to the Plaintiff pursuant to the agreement with the Plaintiff. Even if not, the Defendant gains profit, such as selling the instant real estate purchased at KRW 350,000 per ordinary day due to the said construction work, etc., and accordingly, the Defendant is obligated to return the aggregate of the construction cost to the Plaintiff as unjust enrichment. (b) The Defendant first is obligated to return the Plaintiff’s total amount to the Plaintiff as unjust enrichment.

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