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(영문) 대구지방법원 2018.06.01 2017가단108513

부당이득금

Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 19, 1918, E filed a registration of initial ownership relating to the size of 922 square meters in Daegu-gu, Daegu-gu (hereinafter “instant real estate”).

B. On October 11, 1928, in the absence of a child between the wife G, E died on October 11, 1928, and his her her her her her her her her her her her her own family and property inherited the instant real estate. Accordingly, on December 19, 1928, the ownership transfer registration was made in the name of H on December 19, 1928, and the following day was completed on December 20, 1928 under the name of I and J.

C. At around April 1946, G adopted K as E and its post-adopted children, E and J’s children, but the adoption was not reported, and the adoption was not entered in the family register, and the fact was entered only in the family register.

G died on November 11, 1952. D

I died on December 27, 1950, and I died on February 1, 1999, and the plaintiff A is one of the successors of L.

E. The J died on July 25, 1968.

The heir of the J has K, the plaintiff B and C, and the inheritance shares are 6/22, 4/22, 1/22, respectively.

F. On October 30, 1979, K completed the registration of ownership transfer based on sale on January 10, 1973 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

G. On August 23, 198, the Defendant, who is K, completed the registration of ownership transfer based on the inheritance by consultation and division on June 27, 198 with respect to the instant real estate.

The Defendant sold the instant real estate to the Korea Land Corporation on October 1, 2008, and received KRW 139,937,666 from the Korea Land Corporation on October 9, 2007.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4, the fact-finding reply results to the Korea Land and Housing Corporation by this court, the purport of the whole pleadings

2. The parties' assertion

A. K's transfer of ownership to the real estate of this case claimed by the plaintiffs is registered as the grounds for registration I on January 10, 1973.