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(영문) 의정부지방법원 2015.02.11 2014나53944

부당이득금반환

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1. All appeals filed by Plaintiff A’s succeeding intervenors and Plaintiff Sung-friendly Financial Development Co., Ltd. are dismissed.

2...

Reasons

1. Facts of recognition;

A. C completed the registration of ownership transfer for the land listed in the separate sheet (hereinafter “instant land”) from No. 16563 on April 7, 193 to No. 1653 on March 24, 193 with regard to the land listed in the separate sheet, and completed the registration of ownership transfer for the reason of sale on March 24, 193. As to the instant 3 and 4 land, the registration of ownership transfer for the reason of sale was completed at No. 16714, April 7, 193, No. 16714, March 24, 193, 193. D completed the registration of ownership transfer for each 5/6 portion of the instant 1, 3 and 4 land by the same registry office on July 26, 2007, No. 94159, Jul. 6, 195.

B. E completed the registration of ownership transfer on the land of this case, which was due to sale and purchase as of December 14, 1971, No. 82786, which was received on July 6, 1951. D completed the registration of ownership transfer on the land of this case as of July 26, 2007, No. 94160, May 20, 197, which was received on July 26, 2007, by inheritance as of May 20, 197.

C. On May 1, 2008, D sold 5/6 of the shares of each of the instant lands to the Plaintiff (Withdrawal) A and the Plaintiff Seongdong Finance Development Co., Ltd. (hereinafter “Sable Co., Ltd.”). On May 23, 2008, D completed each registration of ownership transfer under the receipt No. 74604 on May 23, 2008, respectively.

On July 8, 2013, the above A sold 5/12 shares of each of the instant land to the Plaintiff B (hereinafter “Plaintiff B”) by succeeding Intervenor A, and completed each registration of transfer of ownership under the receipt No. 117265 of the same registry office on August 8, 2013.

A around August 2013, around 2013, transferred to Plaintiff B the right to claim restitution of unjust enrichment on each of the instant land against the Defendant. On August 26, 2013, A submitted a preparatory document stating that his status was transferred to Plaintiff B to the court of first instance, and the above preparatory document was served on August 27, 2013 on the Defendant.

E. Meanwhile, the land category of the instant case was changed to a road as the land was divided from the mother land on November 16, 1938.