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(영문) 대구지방법원 2017.06.21 2016나303763
부당이득금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 12, 1993, the registration of ownership transfer was completed on January 5, 1993 as to Tri-ri (hereinafter “Tri-ri”) 2,11 square meters in U at the time of residence in the name of S. (hereinafter “Tri-ri”).

B. On the above U’s land, around 193 to 1994, the steel frame, sand site location panel and roof, one story of leaf tobacco joint drying house, 570.966m2 (hereinafter “the building for steel joint drying house”) and the joint drying house of 185.25m25m2 (hereinafter “the building for the Insulgygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygygy building

C. On June 7, 2002, V miscellaneous land was divided into 1,500 square meters and W 177 square meters in U’s land, and on the same day, the divided land of X miscellaneous land was divided into 35 square meters and 63 square meters in X miscellaneous land.

With respect to W, X, and Y land, each ownership transfer registration has been completed on the ground of the acquisition of the public land in the future at the time of resident registration around June 2002.

E. The deceased R died in around 2013, and the Defendant is the spouse of the deceased R.

F. On April 22, 2015, the Defendant completed the registration of ownership transfer based on inheritance by consultation and division on April 6, 2013 with respect to the land in U, V (hereinafter collectively referred to as “instant land”), and the joint building building in steel-frame joint building, respectively, on April 22, 2015. The Defendant completed the registration of ownership preservation on the building in human-gyll joint building in unregistered status.

G. On April 22, 2015, the Defendant completed the registration of ownership transfer on the ground of sale as of April 15, 2015, respectively.

H. The network P died on December 17, 2013, and Plaintiff C is the spouse of the network P, and Plaintiff D, E, F, and G are the children of the network P.

I. The net Q died on December 20, 2007. Plaintiff H is the spouse of the net Q, and Plaintiff I, J, K, L, M, and N are the members of the net Q.

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