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(영문) 창원지방법원 2017.01.25 2016나57172

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the parties’ status and the penal relationship.

B. The land size was changed to 2,803 square meters due to the division on August 29, 1981, and the subsequent substitute was replaced with D 2,440 square meters on September 22, 1993. The following particulars are the following: (a) the ownership change of the land before and after the division of the instant case and the replotting.

1) The Plaintiff completed the registration of ownership transfer on August 21, 1962 with respect to the instant land. 2) The Defendant completed the registration of ownership transfer as to the instant land under 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”) pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Oct. 8, 1974; hereinafter “Special Measures Act”). < Amended by Act No. 33363, Aug. 29, 1981>

3) Since then, on March 25, 1985, March 1988, and May 14, 1996, the registration of transfer of ownership was completed to Nonparty F, G, and Rural Development Corporation, respectively. On May 14, 1996, the registration of transfer of ownership was completed again on May 14, 1996. Nonparty H was decided to permit sale of the instant land at the selling price of KRW 2,9520,000,00 from the voluntary auction procedure (the Changwon District Court Jinwon branch), which was commenced on January 23, 2006, and the registration of transfer was completed on the instant land as a result of sale by voluntary auction on February 15, 2006.

[Ground of recognition] The fact that there is no dispute, entry of Gap 3, 4, and 8's evidence, and fact-finding with the Jinwon District Court of the first instance, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant completed the registration of ownership transfer of this case under the Act on Special Measures for the Development of Special Measures for the Purchase of a false bond purchased from the Plaintiff.

Therefore, the ownership transfer registration of this case is null and void, and the defendant disposed of the land of this case to the non-party H.