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(영문) 서울고등법원 2014.11.27 2013나31764
부당이득금반환
Text

1. All appeals filed by the Defendant (Appointed Party) and the remaining designated parties are dismissed;

2. The appeal costs.

Reasons

1. Facts of recognition;

A. On May 22, 1990, the Plaintiff completed the registration of ownership transfer in the name of each Plaintiff on April 10, 1990 with respect to K 108 square meters (hereinafter “1 site in this case”) with respect to the building site in Gyeonggi-gun, Gyeonggi-do, and 108 square meters (hereinafter “1 site in this case”).

B. From November 17, 2006 to the date, M owns a building listed in paragraph (1) of the list (attached Form 2) on the land adjacent to each of the instant sites (hereinafter referred to as “the instant detached house”). The Defendant and the remaining designated parties owned each of the relevant households for the relevant period indicated in the list 2 to 7 of the six multi-households newly constructed around 1990 to 1991 on the land adjacent to each of the said sites (attached Form 2) on the land adjacent to each of the said sites, and owned each of the said units for six multi-households (hereinafter referred to as “each multi-household house” in this case).

C. In the possession and use of the instant detached housing, the Selection M has used the portion of 3.3 square meters on the ship (hereinafter “c. 6 square meters”) connected in order to each point of 19,22,21,20, and 19, which is indicated in drawings among the instant site No. 1 of this case as a stairs connected only to the entrance of the said detached housing.

N andO newly constructed each multi-household house of this case at the time of new construction, connected each point of 1, 18, 17, 16, and 1 in the land of this case (attached Form 3), and 2,3, 4, 5, 6, 25, 24, 23, and 2, connected each point of 2, 3, 4, 5, 25, 24, 23, and 2, connected each point of 2, 3, 4, 6, 25, 24, 23, and 5 square meters in the ship’s “v” portion (hereinafter “V”), and laid a purification structure under the ground of this case. Of the land of this case, among the land of this case No. 2, the purification work was laid underground in order to connect each point of 1,16, 26, 27, 28, 12, 13, 15, and 11.

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