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(영문) 청주지방법원 2018.11.01 2018나7147
부당이득금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiffs that ordered payment is revoked.

2...

Reasons

1. Basic facts

A. Plaintiffs’ construction projects and designation and notification of roads 1) Plaintiffs from 2001 to Cheongju-si Pdong (hereinafter “Pdong”).

(2) As to each share of Q.71m2 and R. 54m2 (hereinafter “the instant land”) on August 3, 2001, Plaintiff A, on the one hand, conducted the business of constructing and selling detached houses (the housing owned by the Defendant) on the one hand, the Plaintiff completed the registration of ownership transfer on the ground of sale on July 18, 201, with respect to each share of the instant land as to Q.71m2 and R. 54m2 as indicated in the separate sheet No. 1 on August 3, 2001, respectively, and Plaintiff B completed the registration of ownership transfer on the ground of sale on each share of the instant land as to May 19, 201.

3) At around 2002, the Plaintiffs (S was subject to registration conversion on September 30, 2002, and was divided into a housing site owned by the Defendants on October 4, 2002.

(4) On November 25, 2003, the Plaintiff agreed to designate Q Q as a road according to the Building Act, which had been in force at the time, and the head of Cheongju-si had designated and publicly announced the said Q Q as a road. Thereafter, around October 2003, the Plaintiff was also designated and publicly announced as a R’s 54m2 road as well as R’s 54m2 as a road with the alteration of the design around October 2003.

B. The alteration of the rights to the housing owned by the Defendants) Plaintiff A on November 4, 2003, the Plaintiff Company A omitted but omitted the indication of the buildings on each ground of T, U, 1, V, 2, W, 1, X, and X 2 (hereinafter referred to as the “specific building”).

(2) With respect to the land and housing in T, U, AD, AE, Z, AE, and AF on November 4, 2003, the Plaintiff B completed each registration of ownership preservation on the Y, Z, and AA, and AB on November 4, 2003.2) The land and housing in T, U, AD, AE, AF, Z, AA, W, and X were sold through a voluntary auction, and they were in the name of each of the respective Defendants, such as “the date on which the registration of ownership transfer for the building owned” in attached Table 2 is completed.

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