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(영문) 서울동부지방법원 2015.06.09 2013가단53428
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition [based on recognition: Facts without dispute, evidence of subparagraphs 1 through 7 of this Article, evidence of subparagraphs 1 through 11 of this Article, evidence of subparagraphs 1 through 13 of this Article, each entry of evidence of subparagraphs 15 through 22 of this Article, testimony of witnesses B and the purport of whole pleadings];

A. On May 23, 1983, C, D, E, and F filed an application for land division registration with respect to the sale and purchase of the land in order to create a tenement house with respect to the Gosi-gun G, H, I, and J land located in the previous North Korea on May 23, 1983. 2) On May 23, 1983, the area of G 2,575 square meters in the previous North Korea, which was owned in C, was divided and sub-divided to K or L to the main number on May 23, 1983, and the said division was 348 square meters due to the said division, and the registration of transfer of ownership in the name of M was completed on the same day on the same day as the donation on August 24, 2009, and is currently being used as a passage.

3) He, who was owned D, was divided on May 23, 1983 into N orO. The main number was 73 square meters due to the aforementioned division. P paddy field 121 square meters and Q 327 square meters, which were divided, are currently being used as a passage, as the ownership of D. Meanwhile, the remaining lands, other than the above P and Q 327 square meters, which were used as a passage among the divided lands, were developed into the housing site, and owned by E, were transferred to other persons. 4) The I 3,812 square meters (hereinafter “the land prior to the division”) were divided into the main number on May 23, 1983, and divided into 1,162 square meters, and divided into 92 square meters and 95 square meters (hereinafter “the instant land prior to the division”) and divided into 95 square meters and 962 square meters, and the main number was 92 square meters through the division and 97 square meters as above.

After that, on September 7, 2012, the Plaintiff completed the registration of ownership transfer on the land of this case No. 1 and 2 on October 19, 2012 due to inheritance by agreement division.

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