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(영문) 광주지방법원 2015.07.08 2014나13859

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The forest land 19,537m2 (hereinafter “the forest land before the instant partition”) in Yong-gun, Jeonnam-gun was divided and the ownership transfer registration was completed as follows.

1) On July 23, 1996, HFF (hereinafter “HFF”) with respect to forest land before the instant partition.

Whether the registration of transfer of ownership in the name has been completed, and on January 27, 2001, the name of the defendant C, the husband of the defendant, is the same year.

1.6.The same year after the completion of registration of transfer of ownership caused by sale and purchase;

2. 7. The name of the defendant;

2.6.Registration of transfer of ownership has been completed on the ground of the gift made by the donor.

2. On March 21, 2001, the forest land prior to the instant partition was divided into 16,457 square meters of forest land G in Yong-gun, Youngnam-gun, and 1,427 square meters of forest land and J forest land, and 1,653 square meters of forest land. The said I forest land was divided into 16,457 square meters

6. 23. The registration of transfer of ownership in the name of K has been completed, and the same year with respect to the forests and fields under the above JJ;

3. 22. Registration of transfer of L's ownership has been completed;

around May 13, 2002, G forest land was divided into 16,172 square meters in G forest and 285 square meters in M forest, and the said M forest was divided into 16,172 square meters in M forest and 285 square meters in relation to the said M forest.

5. The registration of transfer of N's ownership was completed on 29.

4 Around May 24, 2002, G forest land was divided into 15,234 square meters and 938 square meters for 16,172 square meters in G forest land in the preceding paragraph, and the said O forest was divided into 15,234 square meters and 938 square meters in O forest.

5. The registration of ownership transfer in P name has been completed;

5) On October 4, 2004, G forest land of 15,234 square meters in G forest land as indicated in the preceding paragraph (hereinafter “instant land”) is 14,242 square meters in G forest land (hereinafter “instant land”).

2) On October 4 of the same year, the registration of ownership transfer in the name of R was completed with respect to the above Q forest. B. On May 28, 2001, the Defendant is the Korea Fisheries Cooperatives Federation of Mupool (hereinafter “Ypool Forestry Cooperatives”) with respect to the instant land.

(2) Around that time, the Plaintiff, the Defendant, the maximum debt amount of KRW 30,000,000, completed the registration of creation of a neighboring mortgage, and was loaned KRW 18,000,000 from the Supo Military Cooperative around that time (the land of this case at the time of the registration of the establishment of a neighboring mortgage, and the land of this case and the land of Youngnam-gun M