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(영문) 서울북부지방법원 2018.06.26 2017나40342
부당이득금 반환
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

1. The following facts may be found either as a dispute between the parties or as a whole as to the statements in Gap evidence Nos. 1 to 3, Eul evidence Nos. 1, 2, 7, 12, 28 through 32 (including the branch numbers; hereinafter the same shall apply) and Eul evidence No. 6, respectively, and as a whole as to the video of the evidence No. 6.

C on November 28, 1972, purchased Seongbuk-gu Seoul Metropolitan Government D Large 304 square meters (hereinafter "D land before division"), and completed the registration of ownership transfer on December 7, 1972.

B. C on May 13, 1974, filed a land partition application with respect to D land before subdivision.

C. On May 14, 1974, the D land before subdivision was divided into the Seongbuk-gu Seoul Metropolitan Government D D 22, E 32, F 27, B 75, G 75, H 13, I 30, J 33, J 36, K 36, L 13, M 3, and N 13.

C On May 14, 1974, the head of Seongbuk-gu Seoul Metropolitan Government changed the land category of Seongbuk-gu Seoul Metropolitan Government B large 75 square meters to a road, and applied for non-taxation on the said road.

E. On May 14, 1974, the land category of Seongbuk-gu Seoul Metropolitan Government B was changed to a road, and is currently exempt from taxation.

F. The Seongbuk-gu Seoul E 32 square meters and F 27 square meters were merged into the land owned by theO on May 27, 1974, and L 13 square meters and M 3 square meters were merged into the land owned by the P on the same day.

G. After the division of C, on May 17, 1974, C completed the registration of ownership transfer with respect to Qu on May 17, 1974, the Seongbuk-gu Seoul NTT 13 was merged with RT 20 on May 27, 1974. 2) C completed the registration of ownership transfer with respect to JT 33 of Gangnam-gu Seoul Northern District on September 2, 1974.

3) On November 20, 1974, C completed the registration of ownership transfer on May 27, 1974 with respect to D large 22 square meters that was merged with the land of Seongbuk-gu Seoul, Seongbuk-gu Seoul, P on May 27, 1974. (4) C completed the registration of ownership transfer with respect to D large 22 square meters that was combined with the land of Seongbuk-gu, Seoul.) on November 26, 1974 to third parties on November 26, 1974.

H. C. Circumstances 1 C of the instant road sales.

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