부당이득금 반환
1. The defendant's appeal is dismissed.
2. The defendant bears the total costs of the lawsuit after the filing of the appeal.
purport, purport, and.
The reasons for this Court's acceptance of the judgment of the first instance court are as follows, except for the addition of the following ‘2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this case, and therefore, it refers to the reasons for the first instance court's decision.
(However, the part concerning Co-Defendant C and D in the first instance trial, which became separately and separately final and conclusive. Whether the Defendant acquired the ownership of the land No. 2 in the procedure of voluntary auction or not, the summary of the Defendant’s assertion, is a part of the land No. 2, which is the object of auction, by combining the land No. 1 in the instant case, and the ownership was reverted to the Defendant according to the decision to permit sale in the procedure of voluntary auction
Judgment
The defendant's above assertion is a valid registration of the land No. 1 in accordance with the merger of each land of this case as to the land No. 2 of this case, and registration of the land No. 2 of this case is not a valid registration.
However, Article 38(1) of the Registration of Real Estate Act provides that " even in the case of registration of ownership transfer of any of the land combined before the combination of land is registered after the combination of land is completed pursuant to the Act on the Establishment, Management, etc. of Spatial Data, the registered titleholders of the relevant land may apply for registration of combination of land to co-ownership of the land after combination of land if consent is given by interested parties."
This is based on the premise that the existing registration of each land is valid before the combination of lots of land is registered even if the process of annexation is completed.
Examining the above facts in light of the above legal principles, although the process of annexation of the land No. 1 and the land No. 2 of this case was completed, the registration of each of the above land is effective.
Therefore, this is different.