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(영문) 서울동부지방법원 2017.02.09 2015가단129916
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 30, 197, the real estate stated in the purport of the claim (hereinafter referred to as the "road of this case") acquired the ownership of the land of this case prior to the partition as stated in paragraph (b) below, and owned it for 30 years by dividing it as of October 31, 2009, and entered into a sales contract with the plaintiffs on October 31, 2009 for each of 51/153 shares (the sale price of each 23,140,000 won). On December 4, 2009, the registration of ownership transfer for the above shares is completed with the plaintiffs on the ground of the above sale, and currently, the real estate owned by the plaintiffs 1/3 shares.

B. On September 30, 197, E purchased 144 square meters of the Seongbuk-gu Seoul Metropolitan Government F site (hereinafter “instant land before subdivision”) and completed the registration of ownership transfer. On September 23, 1981, E divides the said land before subdivision into seven parcels including the instant road, including G or H, and completed each subdivision registration on October 20, 1981.

The divided seven parcels are located in the order of lot numbers in the direction of the west, and E has changed the category of four parcels on the same day to the road so that a road between the sites of three parcels is located.

Specific details of subdivision shall be as follows:

As a result of the division, the road of this case located on the right side of the land before the division is connected with the I-J ditch, which was actually used as a public road.

connection to each other.

(1) F large 31 square meters (2) G road. (3) L large 31 square meters (4) M road. (5) N large 228 square meters. (6) D road. (7) H road is two square meters.

C. After the division, E completed the registration of transfer of ownership on July 15, 1982 with F site to P on July 15, 1982, 3 L site to P on July 15, 1982, 5 N site to Q on October 20, 1981, and 30 years on the road including the road in this case, the road in this case owned it for 30 years, and completed the registration of transfer of ownership on December 4, 2009 to R on December 15, 2009, while the road in this case owned it for 30 years.

On the other hand, Seoul Special Metropolitan City.

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