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(영문) 광주지방법원 목포지원 2018.06.29 2017가합150

부당이득금반환

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. The facts under the underlying facts may be found, either in dispute between the parties or in full view of the statements in Gap's 1 to 7, 18, 19, and Eul's 1, and the purport of the entire arguments in this Court.

Mapo-si E 80 square meters, F 40 square meters, and above 50 square meters, and sapap 7 square meters, and sap sap sap sap 16 square meters (hereinafter “instant site and building”) were originally owned by G, the father of the Plaintiff.

B. G died on November 6, 1964 and died and became the co-inheritors, i.e., wife H and children, and the Plaintiff.

C. However, the I completed the registration of ownership transfer in the I name as the receipt No. 19890 on May 28, 1965 with respect to the instant land and building by forging the documents related to the registration of ownership transfer in the G name.

On March 18, 1969, K, as the husband of Defendant B and the father of Defendant C, purchased the instant land and building from Defendant C in KRW 360,000.

(2) On May 1, 1969, K completed the registration of ownership transfer (hereinafter “registration of ownership transfer”) as of May 1, 1969 for the instant site and building on the ground of the instant sales contract, and K occupied the instant site and building for not less than 20 years from that time.

E. Meanwhile, the E 80 square meters and F 40 square meters were merged into E 120 square meters on June 12, 1984, and the same day was divided into 90 square meters and Ma 30 square meters on the same day. The aforementioned divided L site was divided into 77 square meters and N 221 square meters on November 11, 1985.

F. The Plaintiff filed a lawsuit against K to seek implementation of the procedure for registration of cancellation of ownership transfer registration of this case as the Gwangju District Court 94Kadan26764.

At the time of the instant sales contract, “I” in the instant lawsuit was very very rough and difficult to keep his wife hospitalized in the hospital and prepare for hospitalization expenses, such as operating expenses, etc., and K was equivalent to KRW 3,00,000 at the market price.