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(영문) 대전지방법원 2015.09.23 2014가합102672
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of litigation shall be borne by the plaintiff.

Reasons

Basic Facts

Around August 197, the Defendant purchased D land (hereinafter referred to as “instant land”) in Yeongi-gun, Chungcheongnam-gun and completed the registration of ownership transfer on September 12, 1997.

around that time, the Defendant newly constructed a single house of 113.6 square meters (hereinafter referred to as the “instant housing building”) on the instant land on a light steel-frame prefabricated roof and a single house of 113.6 square meters (hereinafter referred to as the “instant building”) and a warehouse of 70.56 square meters (hereinafter referred to as the “instant warehouse building”) on each floor of the light steel-frame framed roof, and obtained approval for the use of each of the above buildings on October 9, 197.

At the time, the defendant, as a pastor of the E church, resided in the building of this case and used part of the building as the wedding dividends of the E church.

In early 2003, the Defendant opened the G church as a pastor from the G church located in the Daejeon Sung-gu F, Daejeon, and worked as a pastor of the G church from around that time to April 2005.

After that, from April 2005, the defendant left the pastors of the E church again, and newly expanded or remodeled the warehouse building of this case as a church building, and then carried out the pastors such as towing vessels from the above church building.

However, as the daily price of the instant land was included in the H business area around 2006, the Defendant requested the Korea Land Corporation to separate the Defendant’s property and E church’s property and the Korea Land Corporation accepted this request and paid KRW 150 million for the instant land and the instant building, and KRW 60 million for the instant warehouse buildings and other churches.

After that, on October 1, 2006, the Defendant moved to the Plaintiff church pastor and the Plaintiff church was integrated. At present, KRW 150 million compensation for the instant land and the housing building was reverted to the Defendant, and KRW 60 million compensation for the instant warehouse buildings and other churches was reverted to the Plaintiff church.

[Ground of recognition] The fact that there is no dispute, Gap No. 1, Eul No. 3 and 9 (including each number of partial headings), and the purport of the whole pleadings.

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