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(영문) 서울중앙지방법원 2016.06.21 2014가단181471

부당이득금반환

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 23, 1958, F was divided into G through H on September 25, 1958, and each divided land was sold to a third party on September 25, 1958.

Of them, I acquired the land category of 208 square meters of D site, and on October 30, 1958, the land category was changed from “site” to “road”, and on December 6, 1983, the ownership was transferred to five persons, including J, etc. due to inheritance. However, on August 18, 2009, the ownership was transferred to the Plaintiffs.

(Voluntary matters are as follows: (a) D and K acquired from the respective sites of G or H as classified in attached Form D; (b) D and K were changed from the site to the road; and (c) the remaining parcels began to be newly constructed since April 1959 on the remaining parcels.

The current status and shape of the land surrounding D shall be as follows:

B. On October 14, 1965, M&A, which was the owner of L site 201 square meters (acquisition on July 14, 1965), prior to the subdivision and development of 10 square meters of C road, was divided into “N site 28 square meters” and “O site 173 square meters.” In other words, H was subdivided into “O site 136 square meters, “P site 34 square meters,” and “C site 3 square meters.”

Since then, around August 22, 1969, C changed the land category from “site” to “road”, and on July 15, 2010, the ownership was transferred to Q Q, and on July 28, 2010, the Plaintiff acquired ownership.

(2) M acquired the ownership of the R site adjacent to L on September 1961, and divided R into S, T, U,V, W, or X, in 1965 and 1966.

Since then, the land category was changed from the site to the road in the 1960s with respect to R (28 square meters remaining after subdivision), T, A, and AB among each site.

On the other hand, the remaining lands except five parcels, such as C, R, T, AB, etc., were sold immediately after division, and the new housing was newly built from around 1965.