(영문) 춘천지방법원 속초지원 2021.01.12 2020가단20298

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(영문) 춘천지방법원 속초지원 2021.01.12 2020가단20298

부당이득금

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1. The defendant shall pay to the plaintiff KRW 77,004,834 and the interest rate of 12% per annum from February 12, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each piece of land in the annexed Table 1 (hereinafter “each piece of land in this case”) and each piece of land is the owner of each piece of land attached thereto (hereinafter “C land”).

B. During the construction of the shopping mall (hereinafter “instant shopping mall”), D Co., Ltd. suspended its business in the state of completion of the charnel from the basement to the second floor above the ground among the shopping mall in this case, and transferred all the ownership of the instant project site and the rights under the building permit for the construction of the instant shopping mall to F Co., Ltd. around December 26, 2008.

Since then, the public auction procedure was conducted with respect to the instant project site; G Co., Ltd. (hereinafter “G”) purchased the instant project site in the public auction procedure; and on September 30, 2013, G entrusted the instant project site to the Defendant, and the Defendant acquired it and concluded a management-type land trust contract with the aim of selling it after constructing a new building on the instant project site.

Accordingly, on October 2, 2013, G completed the registration of the transfer of ownership based on trust on October 2, 2013 with respect to the instant project site, at the same time, the ownership of which was transferred to the Defendant. Since then, the Defendant possessed the instant project site owner and the building owner in the instant shopping mall construction project, as the owner of the instant project site and the building under construction.

(c)

In the vicinity of the project site of this case, a fence using the steel-frame panel (hereinafter “the fence of this case”) is installed in this part of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 attached hereto, which connect each point in sequence.

Of H’s land, the attached Form 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 22, 23, 24, 25, 26, and 5 of the attached Table 5, 6, 7, 8, 9, 10, 11, 13, 14, 22, 24, 25, 26, and 26, part 1 of the land in the ship

유사 판례

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