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(영문) 수원지방법원 2018.08.09 2017나83294
부당이득금반환
Text

1. Of the judgment of the first instance, the part against the plaintiffs falling under the following amount shall be revoked.

Reasons

1. Basic facts

A. C is the father of Plaintiff A and the father of Plaintiff B.

C completed each registration of preservation of ownership on June 8, 1974 as to the land of 191 and E, 128 (hereinafter “land before the instant subdivision,” and in the case of different lands, it is specified as the lot number).

B. On September 21, 1974, C divided D land, among the land before the instant partition, into five parcels, including F 39 square meters, N 14 square meters (attached Form No. 1), G 6, H 8 square meters prior to H, and P 44 square meters prior to O (attached Form No. 2), and divided E land into six parcels, including 10 square meters, J 40 square meters, K 24 square meters, P 42 square meters (attached Form No. 3), L large 7 square meters, and M 5 square meters.

C sold F land around March 197, G, H, K, L, M land around October 1974, and I and J land around May 1976.

C. C died on August 24, 1984, and the Plaintiffs did not know about the ownership relationship of each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) and became aware of it around March 2016.

Plaintiff

A completed the registration of ownership transfer for each of the instant lands on March 17, 2016, based on inheritance by consultation and division, and completed the registration of ownership transfer on March 31, 2016 to Plaintiff B on March 16, 2016.

Each part of the lands before the instant partition accounts for the parts adjacent to Q road and R road in the form of “,” and is currently being used as packaging roads.

On the other hand, there are buildings on which approval for use was obtained in 1960 and buildings on which approval for use was obtained in 1982 on H land.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 4, 12, Eul evidence Nos. 1 through 8 (including each number; hereinafter the same shall apply); the result of the commission of appraisal to the head of the annual branch office of the court of first instance for the Korea Land Information Corporation of the first instance; the purport of all pleadings

2. Summary of the parties' arguments

A. The Defendant at least on May 1, 2011.

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