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(영문) 수원지방법원 안산지원 2018.07.18 2017가단61679
부당이득금
Text

1. Defendant D is not less than 182 square meters in part 182 square meters in attached Form 1 among the 1,707 square meters of forest land in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu.

Reasons

1. Facts of recognition;

A. On March 14, 2006, the land of this case and H 1,707 square meters for H 3,414 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu (hereinafter “instant two land”) was divided into the instant land and H 1,707 square meters.

B. On July 21, 1971, Defendant E completed the registration of ownership transfer with respect to 3,414 square meters of H 3,414 square meters prior to the subdivision. On June 1, 1993, Defendant E purchased the above land at the auction procedure on June 1, 1993. J and K purchased the above land on October 17, 2001 in sequence and completed the registration of ownership transfer. Since each of the instant land was divided into 3,414 square meters of J Hayang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, J. 3,414 square meters, after each of the instant land was divided, K, L, M purchased each of the instant land at the auction procedure on May 16, 201, and completed the registration of ownership transfer on May 30, 201, and purchased each of the instant land from the Plaintiff B and C purchased each of the instant land on May 1, 2011.

C. Defendant D filed a lawsuit against the Plaintiffs on the grounds that Defendant D obtained the permission for the installation of a grave from Defendant E, the owner of the instant land at the time of the instant land in around 1973, and Defendant D acquired the right to grave base by installing a her mother’s O’s grave. Defendant D confirmed to Defendant D that Defendant D had the right to grave base for the portion of a her deceasedO’s grave out of the joint grave with the size of 182 square meters indicated in the annexed Form 1 of the instant land, as indicated in the annexed Form 1 among the instant land. This became final and conclusive.

J and K filed a lawsuit against Defendant E against the Government District Court 2002Gahap639, but Defendant E, around September 1986, installed a net P’s grave on the land of this case, he owned by himself, and subsequently awarded a successful bid for the two land of this case to another person by auction. Defendant E acquired the right to graveyard on the part of the net P’s grave of 156 square meters, which is the part of the attached drawing Nos. 3, 26, 27, 28, 29, 30, 30, 31, 32, 32, 19, 22, and 26, among the land of this case.

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