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(영문) 서울북부지방법원 2016.11.08 2015나35780

부당이득금반환

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1. The plaintiff's appeal against the defendants (including the appointed parties) is all dismissed.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On August 16, 1973, M, Nowon-gu, Seoul Special Metropolitan City, which was owned by the Plaintiff, was divided into 231 square meters and 53 square meters prior to M on August 16, 197, and the said NM was divided into 27 square meters prior to N on October 17, 2007 (hereinafter “instant land”) and 26 square meters prior to O road.

B. On May 31, 1971, the previous 764 square meters in Seoul Special Metropolitan City, Nowon-gu, which was owned L was divided into 26 square meters in P and Q 737 square meters in Q.

On July 1, 1987, Q. 737 square meters was divided into Q. 432 square meters and R. 305 square meters. On June 17, 1992, the above Q. 432 square meters were divided into Q. 275 square meters and S. 157 square meters, and the above R. 305 square meters were divided into R. 250 square meters and T. 55 square meters, respectively.

On July 22, 1992, the above Slux 157 square meters and the above Tlux 55 square meters were merged into Slux 212 square meters.

C. On December 27, 2001, the Plaintiff received the registration of transfer from L on December 24, 2001 with respect to the 53 square meters of the N prior to the said subdivision on the ground of donation on December 24, 2001, and on August 16, 1995, U Do governor L completed the registration of transfer on July 18, 1995 with respect to the said 212 square meters of land from L, and U completed the registration of transfer on April 16, 2008 with respect to the said 212 square meters of land to V, W, and X on March 6, 2008.

On the other hand, on September 18, 1973, the registration of ownership transfer was made in the name of Seoul Special Metropolitan City on the ground of sale on September 1, 1973 with respect to the above M 231 square meters on September 1, 1973, and on January 23, 2008, the registration of ownership transfer was made in the name of Nowon-gu, Seoul Special Metropolitan City on the ground of an agreement on the acquisition of public land on January 22, 2008.

L, around June 1992, newly constructed a multi-household, a multi-household, on the land of Q 275 square meters above, and completed the registration of ownership transfer for each of the above households. Since 200 to 202, L completed the registration of ownership transfer for each of the above households for the buyers.

Defendant D, E, F, G, H, I, J, and K have completed each registration of ownership transfer with respect to the households purchased by each party during the period of 2001 to 2010.

E. L around 1990, a building permit is to build multi-household houses on the land of 250 square meters in 190.