부당이득금
1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and claims filed by the Defendants are dismissed.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 14, 1982, the G 711.4 square meters of the window G 711.4 square meters in the Changwon-si, Changwon-si (hereinafter “Before subdivision”) is the land owned by the Plaintiff after being substituted by the Gu Msan-si, which implemented the land readjustment project on April 14, 1982.
B. On September 1, 1983, the Plaintiff divided the land before subdivision into G 151.3 square meters, H 185.3 square meters, F 46.2 square meters (hereinafter “instant land”), I large 17.7 square meters (hereinafter “I land”), J large 150.9 square meters (hereinafter “J land”), and simultaneously changed the land category of the instant land.
C. On October 4, 1983, the Plaintiff transferred the ownership of G land and H land to K on October 19, 1983. On October 19, 1983, the Plaintiff sold the land to M and transferred the ownership to N on October 4, 1983. M and N owned the three-story or second-story building on the land purchased at that time.
Defendant Dong Chang-won Agricultural Cooperatives (hereinafter “Defendant Cooperatives”) acquired the ownership of H land on October 18, 1985, and thereafter acquired the ownership of G land on December 16, 1993. The G land was merged with H land on June 16, 1994, and thereafter owned a 336.6 square meters combined with H land (hereinafter “H land”), and used it as an office, etc. by constructing a 2-story building on that land.
E. On October 26, 2006, Defendant B and J land was transferred to Defendant C andO on July 30, 1987, and the ownership was transferred. After the O died on January 10, 2016, Defendant D, one-half of the O’s J land, solely inherited the ownership.
F. The Plaintiff continues to own the instant land until now after the subdivision of the land. The instant land is owned by 6.5% of the total area of the land before subdivision ( = 46.2 square meters / 711.4 square meters) and is located in the south of the land before subdivision and is in a rectangular form in which the width is narrow, and is surrounded by H, I, and J land. One side is asphalt.