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(영문) 대구지방법원 2014.12.09 2014가합203049
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 27, 1959, the land indicated in paragraph (1) of the attached Table No. 1 of the list of real estate (hereinafter “instant land”) was owned by D, the land category of the instant land No. 1 was changed on October 29, 198, by applying for the change of the land category of the instant land No. 1 from “former Dong-gu, Daegu-gu, and F, which was divided from the foregoing E land on October 27, 1959 and the same day, which was divided from the above F land on October 31, 1984, and was merged on November 26, 1984 and March 29, 1986.

B. The land listed in paragraph (2) of the annexed Table No. 2 of the Real Estate List No. 2 (hereinafter “instant land”; the combination of the land No. 1 and 2 in the instant case is divided into December 12, 1986 from the land No. 1 in Daegu-gu, Daegu-gu, which was owned by D, and D, and D applied for the change of land category of the instant land No. 2 from “B” to “road” on December 11, 1986, along with the results of cadastral surveys attached thereto.

C. Plaintiff A and B completed the registration of ownership transfer based on sale on October 22, 1984, as the Daegu District Court, Daegu District Court No. 24153, Mar. 5, 1997, with respect to each of the instant lands.

Plaintiff

On November 30, 2011, the Seoul Guarantee Insurance Co., Ltd., a creditor of A, filed an application for a compulsory auction for each of the respective shares of Plaintiff A with respect to each of the respective shares of Plaintiff A, and filed an application for a compulsory auction for each of the above shares of 1/2 with the Daegu District Court. On August 28, 2012, Plaintiff C purchased each of the above shares of 1/2 from the above auction procedure and completed a share transfer registration with the Daegu District Court No. 34977, Sept. 13, 2012.

E. Each of the instant lands is constructed on a road to be used for the passage of the general public. The results of the assessment of rent by period, premised on the non-road, are as listed below.

During the period, the rent for one-month for each of the two-month period of land No. 2 of the instant case is from January 1, 2008 to January 1, 2008.

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