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(영문) 수원지방법원 2018.09.12 2018가단513654
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The wife population C and D previously 303m2 (hereinafter “each of the instant lands”) are the land divided on October 5, 2012 from E prior to the subdivision to October 9, 2012. The instant land before subdivision was subject to the registration of ownership transfer in F’s name since October 9, 199. (B) The Plaintiff and G, with the F’s consent, installed access roads to the instant land before subdivision in multiple parcels, and promote the business of newly constructing and selling detached houses. Accordingly, on August 27, 2012, the Plaintiff and G accepted each of the instant building reports to the head of the competent Si/Gun/Gu to permit the construction of detached houses (303m2, each of the instant land before subdivision). The Plaintiff and G accepted each of the instant building reports to the head of the competent Gu to permit the construction of detached houses under the name of the Plaintiff’s respective building reports (198m2, each of the instant land before subdivision was reported).

(D) Around September 13, 2012, the Defendant concluded a contract with F to purchase each of the instant land in KRW 164,98,00 with the purchase price of KRW 164,98,00,000, the Defendant agreed to pay the down payment of KRW 36,498,000 on the date of the contract and the remainder 128,490,000 on November 7, 2012. The Defendant paid the down payment and the remainder at the agreed date and received the registration of ownership transfer on each of the instant land on November 7, 2012. Meanwhile, on October 22, 2012, the Defendant received the registration of ownership transfer on each of the instant land in the name of the owner of each building report on each of the instant land from the Plaintiff and G with the consent of the Plaintiff and G on each of the change of the owner of each building report on each of the instant land from the Plaintiff and G, and the report was accepted on each of October 31, 2012.

2. Determination

A. The Plaintiff and G filed a building report on each of the instant lands, and they were accepted, and permission for development and permission for diversion of farmland were deemed to have been granted due to the acceptance of the report. The Plaintiff is each of the above.

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