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(영문) 서울고등법원 2015.12.11 2015나9655
부당이득금반환 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 371,091,907 and KRW 354,213,00 among them.

Reasons

1. Basic facts

A. The reason why ownership transfer of each land listed in the separate sheet (1) C (Death on September 18, 1979) was transferred to Pyeongtaek-si (hereinafter “instant land before the instant partition”) is the land used as a training site and a site for the said school by making farmland distribution under the name of a person in charge of repayment in the name of the representative of E elementary school, a public school, F at the time of the enforcement of the Farmland Reform Act, with the name of the person in charge of repayment in the name of the representative of E elementary school, a public school.

However, on July 30, 1965, the registration for transfer of ownership (No. 15986) was completed in the name of Pyeongtaek-si on the ground of “the completion of repayment as of October 10, 1963,” and on May 1, 1990, the registration for transfer of ownership (No. 19937) in the name of Pyeongtaek-si (U.S. District Office of Education) was completed on the ground of “the completion of repayment as of October 10, 1963,” and the registration for transfer of ownership (No. 2316) in the name of Gyeonggi-do (U.S. District Office of Education) on the ground of succession to rights was completed on June 15, 192. The details of division are as shown in the annexed land change list.

(2) On July 19, 2006, G purchased “386 square meters prior to the division” from Gyeonggi-do’s land prior to the instant division, and completed the registration of transfer of ownership in the name of G on August 17, 2006 (No. 51444). The aforementioned “Seoul-si H land prior to the division” was divided into each land listed in the separate sheet on August 14, 2008.

(3) On July 12, 2008, the defendant is "the land of this case" below the land listed in the annexed list No. 1 from G from July 12, 2008.

(2) On September 3, 2008, the Plaintiff purchased and completed the registration of ownership transfer under the name of the Defendant (No. 45013). B. The sales contract between the Plaintiff and the Defendant (the Plaintiff 1) between the Defendant and the Defendant, who represented the Defendant on March 31, 2009, to purchase the instant land in KRW 342,00,000, and to purchase the said land from the Defendant on KRW 342,000,000, and to the remainder of the purchase price.

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