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(영문) 서울고등법원 2014.12.19 2014나2006396
부당이득금
Text

1. The plaintiffs' appeal is 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. On May 20, 1985, the Plaintiffs are exempt from the indication of “AK at the time of compatibility” at the time of entry of land number I (hereinafter referred to as “E”).

G land surrounded by forest land was merged with K on December 4, 2002;

H Land was merged with G land on July 5, 2000.

(1) On April 15, 1994, in order to secure a road necessary to build a leisure building for accommodation business in the Plaintiff’s land, the Plaintiff entered into a contract with Defendant C (hereinafter “instant contract”) by preparing a written contract with Defendant C (hereinafter “instant contract”).

1. The forests and fields I shall be notarized that the part on the upper part of the site at the upper part of the opening boundary (hereinafter referred to as “land”) shall be divided and transferred according to the boundary indicated in the cadastral map, and the road boundary of four meters on the left-hand side (hereinafter referred to as “land”) shall be used as a road with a written consent for use (a certificate of seal impression affixed).

2. Some of the road sites within J land (hereinafter referred to as “BD”) shall be donated in installments (see, e.g., intellectual property) by dividing them into

E on May 28, 1996, Defendant C, his children, completed the registration of ownership transfer for gift on the ground of gift, and on May 22, 1997, with respect to N 3,361/3 of shares of I land on May 22, 1997, PO transferred the registration of ownership transfer for purchase and sale on the ground of 891/3 of shares of I land. On June 23, 2000, Defendant D (F prior to the name of each person), who is the children of Defendant C, transferred the registration of ownership transfer for gift on the ground of 33,831/30,08 of shares of I land.

I Land and J land were divided and merged as shown in the attached Table.

Defendant D divided from the I land on November 29, 2004 in the name of M, which is the plaintiffs' arche on January 18, 2005, by dividing the P 50 square meters of land, which is the land subject to division.

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