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(영문) 창원지방법원마산지원 2016.07.15 2015가단104674

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The alteration of a right to land 1) 3,956 square meters (hereinafter “one land”) in Daegu-gu Seo-gu (hereinafter “Seoul-gu”)

) The land owned by the Plaintiff is registered in the name of E and 11, which are the closing members of the Plaintiff, from February 2, 1928 according to the title trust agreement. The former Act on Special Measures for the Registration, etc. of Ownership (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) on May 29, 1995.

(2) On October 18, 2010, Defendant B had been paid KRW 396,918,660 as compensation for expropriation on October 15, 2010, when Defendant B had been admitted to the Korea Land and Housing Corporation on October 18, 2010.

B. The alteration of the right to the land No. 2) FY 3,878 square meters in Daegu Seo-gu (hereinafter “Second-gu”) and the term “each of the instant real estate” in the case of the name together with the land No. 1.

The land owned by the Plaintiff was registered in the name of E and 11, which are the closing members of the Plaintiff, from February 2, 1928 according to the title trust agreement. Pursuant to the Act on Special Measures on May 25, 1995, the registration of ownership transfer was completed on the ground of sale as of February 3, 1983. 2) The land for the second land was expropriated in the Korea Land and Housing Corporation on October 28, 2010, and the registration of ownership transfer was completed on the ground of consultation on the above construction. Defendant C received KRW 400,726,660 as compensation for expropriation on October 26, 2010.

C. On January 26, 1982, the Plaintiff’s land under the name of the Defendants was transferred to the Korea Land and Housing Corporation on January 26, 1982, on the grounds of the sale as of April 3, 1976, the registration of ownership transfer was made under the name of the Defendant B, and the registration of ownership transfer was made under the name of the Defendant C on April 3, 1975 on the ground of the sale as of April 3, 1975. (2) Each of the above lands was also admitted to the Korea Land and Housing Corporation around June 201, and the Defendants were respectively admitted to the said land.