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(영문) 부산지방법원 2017.08.23 2016가단347082
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Factual basis

A. The land size of 1,629 square meters in Kimhae-si was divided into 11 lots from D to E and sold as follows:

(1) On August 30, 1958, the owner of the said C paddy-gu divided the said land into D 165 square meters, B 426 square meters (hereinafter “instant land”) and G 1,038 square meters, and changed the land category.

On the other hand, according to the road plan that was established in the neighboring area of Kimhae-dong at the time of the above division, the land of this case and the I and J connected thereto were planned as roads, and the land category was changed from other land on August 30, 1958.

(2) On December 12, 1970, F divided the said G field into the said G field 1,038 square meters, K 602 square meters on December 12, 1970, L 99 square meters and M 112 square meters on January 8, 1972, and changed the land category of the said G field into the site on June 10, 1972.

Since then, following the sale of land by F, the sale of land was divided into Nga 9 m25 m2 on October 8, 1973, Nga 99 m2 on March 28, 1974, O large 56 m2 on March 28, 1974, E large 60 m2 on April 30, 1974.

(3) On March 3, 1971, P purchased the instant land and the said K 602 square meters, and divided Q 139 square meters and R 238 square meters from the said K on March 30, 1972. On April 11, 1972, P changed the said K and Q 238 square meters into the site.

P sold the above Q site on April 11, 1972, the answer to the above R on May 9, 1972, and the above K site on July 27, 1976, respectively.

B. From 836 square meters to 836 square meters to 13 square meters in 1958, the land category of the I land was changed to the road. P purchased all the above I, S, and T on November 16, 1970, but sold the answer to 1972 to 10 U and 3 other than U.S., and the remaining I and T roads were not sold to others.

C. On April 11, 1972, the Plaintiff purchased the instant land, which was used as farming at the time of purchase of the said S field 2,658 square meters, together with the instant land, and completed each registration of ownership transfer on April 12, 1972.

Since then, on March 9, 1974, the Plaintiff divided V, V, 98 square meters and W, 331 square meters, and sold the above V and W on March 26, 1974. On September 4, 1976, the Plaintiff sold X-754 square meters from the above SP 1,329 square meters.

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