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(영문) 수원지방법원 2019.03.28 2018나73881

부당이득금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts of the request;

A. On March 14, 2006, the instant land was divided into the instant land 1 and 2: (a) the land size of 3,414 square meters for H forest in Gyeyang-gu, Seoyang-gu (hereinafter “instant land”) with respect to the division and ownership of the instant land;

(2) On July 21, 1971, Defendant E completed the registration of ownership transfer with respect to the land of this case on July 21, 1971, and on June 1, 1993, 1/4 of each of the land of this case was purchased at the auction procedure.

Some of the above shares were transferred to each other, and on October 17, 2001, J and K acquired 1/2 of the land of this case, and on March 14, 2006, K acquired 1 land of this case and 2 land of this case respectively through the process of dividing co-ownership on March 14, 2006.

Since then, each of the instant lands was successively transferred to Nonparty L and M, and N and Plaintiff A purchased 1/2 shares of each of the instant lands at the auction on May 16, 201, and completed the registration of ownership transfer on May 30, 201. Plaintiff B and C purchased 1/4 shares of each of the instant lands from the aforementioned N and completed the registration of ownership transfer on January 22, 201.

B. (1) In the course of the relevant case, J and K filed a lawsuit against Defendant E against the Government District Court 2002Gahap639, which was the District Court 202Gahap639, but Defendant E installed a grave on the land of this case on September 1, 1986 by Defendant E, his father, who was his father, and subsequently the land of this case was awarded a successful bid by auction to the above I and third parties. Accordingly, Defendant E lost the right to graveyard on the P grave portion (attached Form 3 is a drawing to indicate the portion of P, among the land of this case, the land of this case 26, 27, 28, 29, 29, 30, 31, 32, 19, 22, and 26 square meters of the portion of the P, which is the 156 square meters of the portion of the P, which is the part of the land of this case, and this became final and conclusive as it is.

(2) Defendant D.