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Reasons
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(영문) 대전지방법원 2020.05.21 2019가합104840
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are children of the deceased C (hereinafter “C”) and the deceased D (hereinafter “D”).

D On February 6, 2018, C died on February 24, 2019, and C and D respectively, there are E, F and G in addition to the Plaintiff and the Defendant under the chain of C and D.

B. The registration of ownership transfer was completed on March 8, 1972 with respect to the instant land No. 1 (hereinafter “instant land”). The registration of ownership transfer was completed on May 26, 2006 under the Defendant’s name on the ground that the instant land No. 1 was donated by May 22, 2006.

3) On July 22, 2015, the I Corporation completed the registration of ownership transfer on the land of this case on the ground of a consultation on the land for public use, and paid KRW 681,101,840 as compensation to the Defendant, who is the owner on the entire certificate of the registered matters, (i) KRW 591,202,50 (i.e., payment from the account: reimbursement of KRW 89,89,340). (iii) On March 26, 1981, the registration of ownership transfer on the land of this case was completed on March 26, 1981.

2) Of the instant land No. 2, KRW 1,660/2,985 (hereinafter “Defendant’s Share”), the share of KRW 1,325/2,985 (hereinafter “D”) was completed on June 16, 2006 on the ground of the gift from June 12, 2006, respectively. 3) The I Corporation completed the registration of ownership transfer on July 23, 2015 for the acquisition of public land in the instant land No. 2, and paid KRW 508,137,50 as compensation to D.

4) In addition, on August 11, 2016, the I Corporation completed the registration of ownership transfer with respect to the Defendant’s share out of the instant land No. 2, on the ground of land expropriation, and paid KRW 664,664,00 as compensation to the Defendant. [The fact that there is no dispute over the grounds for recognition, Eul-2, 3, 7-10, and the purport of the entire pleadings.]

2. Determination

A. The gist of the Plaintiff’s assertion C: (a) before the birth, donated the land No. 1 to his/her offspring among his/her children; and (b) “the land No. 2” below is the case.

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