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(영문) 서울중앙지방법원 2017.07.06 2016가단5071870
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On December 30, 1972, the road of this case was divided into 472 square meters before the Gyeonggi-do Kimpo-gun, Kimpo-gun (hereinafter “the mother land of this case”), and the land category was changed to a road, and became a non-taxable land.

B. The mother land of this case was owned D, and six other inheritors, i.e., the president and South of the network D, completed the registration of ownership transfer on June 13, 1979 with respect to the mother land of this case, including the road of this case on February 10, 1968. E completed the registration of ownership transfer on the ground of sale on June 2, 1979 with respect to the share of three female siblings on the same day.

[The road of this case and the mother land of this case are divided into Kimpo-si, Kimpo-si, which is divided into the same as the road of this case and the mother land of this case, three successors, E, and three others (hereinafter “E and three others”).

(C) became co-ownership.

E on July 5, 1961, purchased F forest land 1,488 square meters (hereinafter “the adjoining land of this case”) in Kimpo-si in the vicinity of the road of this case and completed the registration of ownership transfer on April 30, 1971. On September 1, 1979, E sold the adjoining land of this case to G Co., Ltd. and completed the registration of ownership transfer on September 7, 1979, and three others sold the road of this case to G Co., Ltd. on June 1, 1979 and completed the registration of ownership transfer on June 13, 1979.

On October 12, 1979 after the purchase of the instant adjacent land and the instant road, G divided the instant adjacent land into 1,554 square meters on October 12, 197, G divided into 138 square meters in Kimpo-si, Kimpo-si, Hapo-si, 1,128 square meters in I miscellaneous land, and J forest 288 square meters. The instant adjacent land and the instant road were sold to K on May 27, 1986, and each of the instant adjacent land was sold to L on August 21, 199 (i.e., 1,128 square meters in I miscellaneous land, 190 square meters in 1,190 square meters in 19, 336 square meters in N Miscellaneous land, 352 square meters in miscellaneous land, and thereafter, the Plaintiff sold the instant adjoining land to Q 3, 195, 196, 300 square meters in each of the instant adjacent land.

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