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(영문) 서울북부지방법원 2020.09.15 2019가단157519

부당이득금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Around October 17, 1966, the Plaintiff’s wife filed a divisional report on the subdivision of Seongbuk-gu Seoul Dmiscellaneous land, which was owned by the Plaintiff as of October 17, 196, into five parcels, including < Amended by Presidential Decree No. 11770, Oct. 17, 196; Presidential Decree No. 15583, Feb. 4, 197; Presidential Decree No. 15582, Feb. 1, 2005>

B.1) A around October 17, 1966, around 17, 1966, around 48 square meters of F Miscellaneous land and the above 48 square meters of H Miscellaneous land and the above 21 square meters of H miscellaneous land were changed to each road, and filed an application for non-taxation on the above land on the part of the defendant. The land inspection list prepared around that time is indicated in relation to the land of the above 2 lots, including the above 2 lots, as the "road where the form of the road is in the form of the road is in the public." 2) The above 48 square meters of F Miscellaneous land was changed to the above 159 square meters of the above F Miscellaneous land (hereinafter referred to as the "instant land"), and the above 41 square meters of H miscellaneous land became the above 69 square meters of land (hereinafter referred to as the "H land").

C. In addition, around December 1966, at C’s request, the category of land at 151 square meters on the land E and 117 square meters on the land E and 3 square meters on the land G was changed to each site.

The land was divided into E, J, K, L, M, and N and the said land was divided into G,O, P, Q, and R and land around December 1966.

Afterwards, land partitioned as above was sold to others and its owner changed. D.

C Around February 21, 1976, the Plaintiff died, and the Plaintiff registered the ownership transfer of the instant land and the instant H land under the name of the Plaintiff on January 29, 2004 due to the inheritance due to the agreement division on the same day.

E. On February 17, 2005, the Defendant purchased ownership by purchasing the H land of this case from the Plaintiff at around February 17, 2005 while implementing the “S Project” (hereinafter “instant project”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 and Eul evidence 1 to 7, respectively.