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(영문) 서울중앙지방법원 2016.04.05 2015가단5359290
부당이득금
Text

1. As to the Plaintiff A, B, and C’s KRW 7,707,00 for each of them, and KRW 4,706,00 for Plaintiff D and each of them, on November 28, 2015.

Reasons

1. Facts of recognition;

A. On December 16, 1910, E, the Plaintiffs’ prior to the division, obtained the ownership from the original owner of the land under the circumstances of one group of forest land in Suwon-gun, Suwon-gun (300 square meters; hereinafter “Before the division”).

B. On April 1, 1967, the land before subdivision was divided into 150 square meters of the above G forest land and H road 150 square meters, and the divided G land was subdivided into 413 square meters of G forest land and 83 square meters of I forest land on January 27, 1986. Since the second subdivision, G land was subdivided into 94 square meters of G forest land, 33 square meters of J forest land, and 286 square meters of K forest land (hereinafter collectively referred to as “each of the instant land”).

The Defendant completed the registration of ownership preservation (hereinafter referred to as the “registration of ownership preservation”) on each of the land of this case by the Suwon District Court, the Sungsung District Court No. 25563, May 9, 1996.

C. On October 21, 2009, I paid KRW 73,427,00 to the Defendant as compensation for losses when I acquired each of the instant lands from the Defendant through consultation.

On November 18, 1918, E, the plaintiffs, was deceased on November 18, 191, and succeeded to Australia and property.

L Aon February 23, 1962, the wife M, N, N, P (P, the name of the wife, Q, bilateral R, Plaintiff D, T, U, a child, succeeded to the property of the wife, V, V, W, X, and Y after the death of 1936.

R Along on May 3, 1970, R succeeded to the property of Yangmo Q, friendly Y, and friendly Z.

Y A, A, B, and C, the wife, died on January 8, 199 and succeeded to the property of the wife, the plaintiff, A, B, and C.

Q has died on August 13, 2004 and succeeded to the property of Plaintiff D, S, T, and U, a child.

On July 28, 2010, the Z succeeded to the property of AA, the plaintiff A, B, and C, a child.

Ultimately, the plaintiffs' final inheritance shares in E's property are 131/1248 of each of the plaintiffs A, B, and C, and 10/156 of each of them.

E. The Plaintiffs filed a lawsuit against the Defendant seeking the cancellation of registration of initial ownership preservation as Seoul Central District Court 2014Kadan5290912, which was the act of preserving common property.

On August 11, 2015, the court held that the defendant's registration of initial ownership was made against the plaintiffs.

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