beta
(영문) 울산지방법원 2018.04.19 2017나21770

부당이득금

Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. approximately 1,018 square meters of G land at racing-si (hereinafter “land before subdivision”) was unregistered at the time as the land H was assessed around 1912 by around 1912.

B. I purchased the land before the subdivision to H, and thereafter the land before subdivision was divided into 357 square meters before JJ, L 387 square meters and M 274 square meters.

C. On July 13, 1979, I completed the registration of ownership preservation in accordance with the former Act on Special Measures for the Transfer of Ownership of Real Estate (amended by Act No. 3094 of Dec. 31, 1977) with respect to the area of 357 square meters before J of Sejong-si. D.

I (hereinafter “the deceased”) died on December 9, 1987, and the plaintiffs and the defendant, who are his spouse, jointly inherited the property.

K was married with the deceased in around 1967 after the death of the former wife of the deceased, and the Plaintiff E was deceased on May 3, 2006, and the Plaintiff E solely inherited the property.

E. On December 17, 2007, the Defendant completed registration of preservation of ownership pursuant to the former Act on Special Measures for the Transfer, etc. of Real Estate Ownership (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”) with respect to the land of 387 square meters and 274 square meters (hereinafter “each land of this case”) at the time of the racing with no registration at the time, pursuant to the guarantor N,O, and P’s letter of guarantee (hereinafter “each letter of guarantee of this case”).

F. After that, on November 2, 201, the Defendant sold each of the instant lands to Q Q in KRW 120 million, and completed the registration of ownership transfer on the 24th of the same month.

G. On November 19, 2014, the Plaintiffs and the Defendant completed the registration of transfer of ownership for each statutory inheritance (Plaintiff A, B1/26, Defendant 6/26, Plaintiff C, and Plaintiff E 10/26) on the grounds of inheritance on December 9, 1987, with respect to various parcels of land on which registration was completed under the name of the Deceased, including the area of 357 square meters prior to J of the relevant Sejong-si on November 19, 2014.

H. Meanwhile, in 2015, Plaintiff E succeeds to each of the instant lands and above-ground buildings in accordance with the Act on Special Measures.