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(영문) 수원지방법원 2016.02.23 2015가단16589
부당이득금반환 및 건물철거
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Around 1982, H, who owned the instant site by the Defendants, constructed a 25.19 square meters and a change 0.99 square meters in the retail store of the first floor of brick slves 1st, with a construction permit granted, and registered on the general building ledger with approval for use obtained, but did not have the registration of preservation of ownership.

H resided in the housing of 391m2 adjacent to the instant site in Suwon-si, Suwon-si, I, and occupied and used the instant building.

H on July 28, 1987, donated the instant site to J and K, one of his wife in Defendant B, who was his wife, and Defendant B, for the registration of ownership transfer.

B. H died on December 13, 1990, and Defendant B, the head of H, had resided in the housing of 391m2 in Suwon-si, Suwon-si, Suwon-si (the mother of the Defendant and the Defendants jointly inherited) and used the instant building.

C. On July 1, 1992, M, the Plaintiff’s wife, purchased from Defendant B, etc., the land and buildings adjacent to the instant site, Suwon-si I land and buildings adjacent to the instant site.

Then, M purchased the instant building site and its ground from J and K, which is the wife of Defendant B on September 1, 1992, and received the instant land and its ground, and M received the instant land and its ground, but did not complete the registration of ownership transfer as to the instant building, although it received the registration of ownership transfer under its own name as to the instant building site.

On October 6, 1992, M purchased from the Defendant B, etc., the Dongwon-si N-gu, Suwon-si, the neighboring site of this case.

Then, M acquired from Defendant B on October 6, 1992 the ownership transfer registration is completed after purchasing from Suwon-si, Suwon-si, the neighboring area of the instant land from Suwon-si.

M A. M died on April 14, 200, and the Plaintiff completed the registration of ownership transfer on the ground of inheritance by agreement division.

E. The Defendants’ mother-friendly P on April 201.

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