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(영문) 서울중앙지방법원 2018.06.01 2017가합559416

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The deceased E, F, G, network H and the defendant are children between the deceased I (hereinafter “the deceased”) and the deceased J. The plaintiffs are children between the deceased and K, and the plaintiffs and the defendant are dual-presidential systems.

The Deceased died around May 7, 1980, around February 27, 1991, and around May 15, 1949.

The Deceased had ① 1,072.5 square meters prior to the Gangdong-gu Seoul Metropolitan Government Ldong (hereinafter “Ldong”) (hereinafter “Ldong”), which was divided into six parcels, such as 309 square meters, N 331 square meters, O large 307 square meters, Plux 49 square meters, Q 27 square meters, and R large 51 square meters, etc.) ② 1,874 square meters, ② 1,250 square meters, 4,00 square meters, 50 square meters, and 463 square meters, etc. < Amended by Act No. 1273, Mar. 1, 2000>

After the registration of preservation of ownership in the deceased’s name was completed on June 25, 1980, the registration of ownership transfer in the name of the defendant was completed on July 17, 1974, and on December 31, 2015, the land of this case acquired a consultation on public land from the SH on December 31, 2015.

W. On January 25, 1965, the registration of preservation of ownership in the Defendant’s name was made on January 25, 1965. On September 15, 2005, WY was divided into 806 square meters and X 209 square meters, and each acquisition was made on December 31, 2015 and June 1, 2016 as public land.

Y The registration of ownership preservation in the Defendant’s name was completed on January 25, 1965. On September 15, 2005, the Ministry of Land, Infrastructure and Transport divided the 1,157 square meters and the Z field into two parcels, and on April 28, 2016, on April 28, 2016, the 350/1157 square meters and the Z field into three hundred and fifty-six square meters and five hundred and fifty-six square meters, each of the share transfer registration was completed for each gift to AB, AB, and AC, and on May 23, 2016, the remaining shares and the Z field of 136 square meters were acquired from the Public Corporation on June 1, 2016. < Amended by Act No. 14473, Apr. 23, 2016>

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings, are asserted by the defendant.