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(영문) 서울남부지방법원 2020.08.14 2019나58795

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 675 square meters in Yongcheon-si was the land owned D (purchase on February 28, 1929). On June 20, 1940, the land category of the land prior to the instant subdivision was divided into 34 square meters in E, 34 square meters in B, 323 square meters in B (hereinafter “instant land before the instant subdivision”) and 318 square meters in F. On the same day, the land category of the land prior to the instant subdivision was changed from “the road” to “the road.”

B. After that, on September 30, 1957, each registration of ownership transfer was completed in sequence in the name of G, November 6, 2003, the name of H, November 6, 2003, the name of I on November 6, 2003, and the name of J on April 29, 2010.

C. On January 6, 2012, K and L purchased the instant land before subdivision in the real estate compulsory auction procedure (Seoul District Court M) and completed the registration of ownership transfer as to each of 1/2 shares on January 12, 2012. On January 27, 2016, the instant land before subdivision was divided into the 534 square meters of the roads B in Yeongdeungpo-si and Youngcheon-si N.34 square meters of the land before subdivision (hereinafter “instant land”). On January 27, 2016, K and L completed the registration of ownership transfer based on each partition of co-owned property under the name of L, and the said N34 square meters of the said land was completed under the name of K.

As to the instant land on December 13, 2017, the Plaintiff completed the registration of the provisional right to claim ownership transfer based on the purchase and sale promise as of January 5, 2012, the Daegu District Court’s receipt of the registration office of Youngcheon District Court No. 36079, and completed the principal registration of ownership transfer due to the purchase and sale agreement as of February 7, 2018, the Daegu District Court’s receipt of the registration office of Youngcheon District Court No. 3701, Dec. 20, 2017.

E. The instant land consists of part of the RP roads located in Yongcheon-siO to Qua (hereinafter “instant road”), and the Defendant currently occupies and uses the instant road including the instant land for the passage of general public and vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 7, 12, 27, 29 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff .