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(영문) 서울고등법원 2017.02.03 2016나2047544

소유권이전등기

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 15, 1961, Suwon-gun G (hereinafter “instant land before the instant subdivision”) was restored to 1,088 on August 15, 1961, and was then subdivided into KRW 870 and KRW 218 before J (hereinafter “instant land”).

B. The land before the instant partition is deemed to have been assessed against L, which is located in the land survey division prepared under the Land Survey Ordinance for the Japanese Occupation Period (191), 44 years old (191) and the G, which is located in the G, of the G, of the G, the G, which was incorporated into the G, G, of the G, G, and the G, of the G, of the G, of the G, on April 1, 1914.

C. The plaintiffs' fleet N transferred to the G in 1932, and died on February 2, 1957, and since N died on November 7, 1928, P succeeded to Australia and its property as N died without a male who will succeed to inheritance on November 7, 1928.

R A. On June 13, 1963, P was selected as the ex post facto breeder of P and succeeded to the above Australia and property. On February 3, 1978, R died, and on February 3, 1978, Plaintiff B, C, and D, the wife of the property, jointly succeeded to the ratio of 3/10 of Plaintiff B, C, and E, respectively.

On August 31, 1987, the registration of preservation of ownership in the name of the defendant (hereinafter "registration of preservation of ownership in this case") was completed in accordance with Article 29205, which was received by the Suwon District Court's registry office on the land in this case.

The Korea National Housing Corporation shall pay 198,187,750 won to the Defendant, and the Korea National Housing Corporation shall complete the registration of transfer of ownership in the name of the Korea National Housing Corporation (hereinafter “instant registration of transfer of ownership”) on January 10, 206 by the receipt of the same registry office on January 10, 206, due to the consultation on the acquisition of public land on January 9, 2006.

【Fact-finding without dispute over the ground for recognition】 Each entry in Gap evidence 1 through 11 (including each number in the case of additional number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. Whether the Defendant’s obligation to return unjust enrichment is recognized, i.e., whether the owner of the instant land was the owner at the time of the registration of ownership transfer, according to the statement No. 1-1 of the evidence.