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(영문) 서울중앙지방법원 2016.06.28 2015가단214736
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 10, 1932 (Fire 21, 2004, hereinafter “the deceased”) purchased 196 square meters (hereinafter “F land”) prior to the Gyeonggi-si, Gyeonggi-do, Gyeonggi-do on December 10, 1932, and registered the transfer of ownership on December 14, 1932.

On April 5, 1937, the Deceased concluded a real estate management trust contract (hereinafter “instant trust contract”) with the content that the trust property will be transferred to the beneficiary when the trust is terminated due to the expiration of the period from April 5, 1937 to April 4, 1967.

Accordingly, on October 14, 1937 with respect to F land, the registration of transfer of ownership and the registration of trust was completed on April 5, 1937 for the shipbuilding trust.

B. F land was successively divided into 131 G on February 10, 1954 and 65 H (in sequence, “G land” and “H land”).

C. On November 13, 1964 with respect to G land, a trust registration was cancelled due to the cancellation of the registration of the trust on the ground of the invalidation on April 25, 1950, and on the same day, based on Article 2 of the Act on Special Measures for the Registration of Distribution Farmland Ownership Transfer (hereinafter “the completion of redemption on November 9, 1960”).

Since then, G land was transferred to the Industrial Base Development Corporation on December 29, 1978, but it was replaced by the land substitution in accordance with the Industrial Base Development Project on May 19, 1986 with JJ large 260 square meters.

After that, the above land was transferred to the Korea Land Development Corporation, etc., and the ownership transfer registration was made on December 24, 2007.

E. The Plaintiffs are part of the deceased’s inheritors.

The shipbuilding Trust was converted to the Joseon Trust Bank in 1954, and was merged into the Korea Reconstruction Bank in around 1954, and the Korea Reconstruction Bank in around 1960 changed its trade name to the Han Han Bank in Korea.

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