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(영문) 창원지방법원 2018.07.05 2017나6737
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The plaintiff and the defendant, such as the alteration of rights to land D and E, in the Ha-dong, Ha-dong, Ha-dong (hereinafter referred to as the "Myeon unit omitted"), are siblingss.

Plaintiff

On August 29, 1981, the term “F 5,630 square meters” in the name was divided into “F 2,803 square meters” and “G 2,827 square meters.” On September 22, 1993, the said F land was replaced by “D 2,440 square meters (hereinafter “the instant real estate”)” and the said G land was replaced by “E 2,779 square meters (hereinafter “the instant real estate 2”).

The defendant completed the registration of ownership transfer on August 29, 1981, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 3094) with respect to the first real estate of this case.

Since then, H, I, and Rural Development Corporation completed each registration of ownership transfer regarding the above real estate in succession, and the defendant purchased the above real estate from the above Rural Development Corporation and completed the re-registration of ownership transfer on May 14, 1996. On the same day, the above real estate was set up a right to collateral security of KRW 25,824,00 with respect to the above real estate.

Then, the above real estate was sold to J in KRW 29,520,000 on February 15, 2006 at the auction procedure conducted by the Korea Agricultural and Rural Infrastructure Corporation (the Korea Agricultural and Rural Infrastructure Corporation was incorporated by integrating the above real estate) for voluntary auction.

The network K completed the registration of ownership transfer on February 17, 1984 due to sale in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562) with respect to the second real estate of this case.

The defendant completed the registration of ownership transfer on March 31, 198 with respect to the above real estate on the ground of sale and purchase. Since L has completed the registration of ownership transfer on February 1, 1993, M has completed the registration of ownership transfer on the remaining 1/2 shares of the defendant on February 2, 1999.

The plaintiff,O, and P, including changes in the rights of N forest land, are 8,121 square meters of N forest land (hereinafter "the "the third real estate of this case") 1/3.

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