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(영문) 서울서부지방법원 2016.01.27 2015가단219767
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. Basic facts

A. The land appearing in Yongsan-gu Seoul Metropolitan Government large 384 square meters (hereinafter referred to as "the land appeared in G") indicates only "number" unless the land category or area is specifically meaningful. In addition, on April 28, 1956, the Korean Federation of Shipbuilding Financial Associations, which owned the land of 122 square meters and 4th century, H large 87 square meters, H large 141 square meters, and E large 39 square meters, divided the two-storys into two-storys in the F, and sold the land and housing to J around February 195 by constructing a new house on the ground, and sold the land and housing to K around February 195, 195, which was actually sold to H to the land and housing owned by the Korean Federation of Shipbuilding in the process of constructing a new house on the ground and selling it to H to the land of 15th square meters on the ground of 195.

On August 15, 1961, the National Agricultural Cooperative Federation (hereinafter referred to as the "Agricultural Cooperative Federation") was established and succeeded to the rights and obligations of the Korea Shipbuilding Financial Cooperative Federation.

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a family company established by Defendant C and managed by itself and its children, and Defendant D is a child of Defendant C.

At the time of August 7, 1984, Defendant B purchased H, I land and each ground building from the K, and completed the registration of ownership transfer from the K, I, and Defendant C purchased H land and ground buildings from Defendant B and completed the registration of ownership transfer, and continuously reside therein.

Defendant D purchased F land and a house from M at the time of July 8, 1996 and completed the registration of ownership transfer, and continue to reside therein.

C. On the other hand, K, who was the owner of H land and ground housing, is an additional land.

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