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(영문) 대구지방법원 2018.03.28 2017나310539

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. On March 5, 1991, part of the ownership transfer registration was completed on the ground of partial sale on February 28, 1991 in the name of I as to the portion of H land 1,356/17,058 square meters (hereinafter “instant H land”) in the Y-gu, Chungcheongnam-gu, Seopo-si, Seopo-si (hereinafter “instant H land”).

B. On November 9, 191, H land of this case was divided into 11,810 square meters of H forest land in Northern-gu, Chungcheongnam-gu (hereinafter “instant land before the instant partition”), J 5,163 square meters of forest land, and 85 square meters of K forest land (hereinafter “instant remaining land”).

On July 6, 1995, the Defendant completed the registration of ownership transfer for the portion of 15,105/105/15,702 of the net G G 15,702/17,058 of the shares of 15,105/15,702 out of the shares of 15,708 on July 3, 1995. On the same day, the Defendant completed the registration of ownership transfer for the portion of 15,702/17,058 of the remaining land of this case on July 3, 1995.

C. However, on January 11, 1996, G was fully transferred through the partition of co-owned property as to the land before the instant partition and the remaining land of this case. On January 26, 1996, the Defendant completed the registration of ownership transfer on January 24, 1996 for the shares of 1,304/1,953 out of the net G 1,953/17,058 out of the shares before the instant partition. On the same day, the registration of ownership transfer was completed on January 24, 1996 for the entire shares of 1,356/17,058 out of the remaining land of this case for consultation acquisition on January 24, 1996.

On the other hand, on March 23, 1998, the land prior to the instant partition was divided into 11,361 square meters of H forest land in North-gu, Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “instant land”) and 449 square meters of Lan Forest land incorporated into a road (hereinafter “instant L land”).

On April 24, 2008, the instant land was subject to registration conversion into 11,290 square meters of the F School site in North-gu, Chungcheongnam-gu, Chungcheongnam-gu. The instant L land was incorporated into a road on March 23, 1998, and the relevant register was closed.

E. The deceased G died on September 1, 2014, and the deceased G’s heir.