beta
(영문) 서울고등법원 2019.04.26 2018나2059091

부당이득금

Text

1. The plaintiff's appeal and the plaintiff's primary claim and the conjunctive claim added at the trial are all dismissed.

2...

Reasons

1. Basic facts

A. On February 1, 1974, the registration of ownership transfer was completed on the ground of sale on February 1, 1974 in the name of the Plaintiff, who is a relative with D on February 1, 1974.

In addition, each land of F.F. 28 square meters and G. 300 square meters adjacent to the land of this case was completed according to the same cause for registration as the same day.

(hereinafter referred to as "the land shall be referred only to as the parcel number in which the relevant land is located).

Pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”), among the above lands, the registration of ownership transfer under No. 28558, which was received on August 13, 1981 (hereinafter “the registration of ownership transfer of this case”) was completed for the defendant, who was the Dongin of the plaintiff, the Dongin-gu District Court, Changcheon District Court on the ground of sale as of October 5, 1974.

C. On November 23, 2016, the Defendant sold the instant land to E in KRW 524,00,000, and completed the registration of ownership transfer as to the instant land as the receipt No. 33880 on December 30, 2016 on the ground of sale and purchase as of November 23, 2016 in the future.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including the whole number of paper numbers; hereinafter the same shall apply), Gap evidence 4, Gap evidence 12, Eul evidence 3, the purport of the whole pleadings

2. The grounds for the court’s argument in this part are as stated in Paragraph 2 of the judgment of the court of first instance, in addition to revising part of the Plaintiff’s argument as follows, and therefore, this part of the argument is cited by the main text of Article 420 of the Civil Procedure Act.

[Revision] The part of the 3rd 8 to 10th 10th 1st 3th 1st 3th 2th 2th 2th 3th 2th 2th 2th 3th 3th 3th 3th 200

“3) Accordingly, the instant case.