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(영문) 대전지방법원 2019.05.30 2017나117020
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. The roads B 75m2 (hereinafter referred to as “instant land”) on the roads B (hereinafter referred to as “Cri”) were divided and merged as indicated below.

In the case where a land category is changed to a 33 square meters road in the name of the Defendant that is combined with H roads and the registration of ownership transfer is completed in the name of the said Defendant, the land in this case is combined with B roads, and the land owned by the said Plaintiff is owned by the said 2 JJ 2J 379 square meters. B The land category is changed to a B road with B 42 square meters in the 1,290 square meters in 2,000 square meters in 2,000 square meters in 2,000,0000 square meters in 2,000 square meters in 2,000 square meters in 2,000 square meters in 2

B. On July 10, 201, the Plaintiff, the owner of the land (No. 1 and No. 2) prior to the above table partition, prepared a written consent for land use as to the land (hereinafter “the instant access site”) in order to use it as a site for the above apartment building site to L Co., Ltd. (hereinafter “L”) which has conducted the construction and sale business of K Apartment (hereinafter “instant apartment”).

C. On January 18, 2002, the Plaintiff and L, instead of transferring the ownership of the access road of this case to L, concluded a contract with the following contents (hereinafter “instant contract”).

1. In principle, L side shall exchange 108 square meters with substitute land (D, No. 1, No. 54 square meters) in lieu of registering and transferring the Plaintiff’s land. However, the following 3, 4, and (5) above “3, 4, 4, and 5” appears to be the clerical error in “2, 3, and 4” as to the shortage and 23 square meters.

[hereinafter] It will be replaced by the instant substitute benefit]

2. The construction design and building permit of the land to be compensated after the transfer of the land to the Plaintiff under the above paragraph (1) from L shall be held liable for L, and the construction permit shall be acquired within the completion inspection of the apartment.

(N,O, P, G, Q 85 square meters (hereinafter “instant substitute land”) .3. Roside landscaping.

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