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(영문) 서울중앙지방법원 2016.09.08 2015가단2933
부당이득금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The instant land division and ownership relationship (i) F acquired ownership under the circumstances of the 795 square meters, G in Suwon-gun G, Gyeonggiwon-gun, and following division, land category change, unit conversion, change of administrative district name, etc. from the said land, HH road 112 square meters (hereinafter “instant land”).

(2) On April 28, 1926, F deceased and succeeded to I, his child, and I died on February 23, 1965 and jointly succeeded to Plaintiff A, J and K, who is a child.

(3) Of the instant land No. 1, with respect to 6/8 shares, and Plaintiff A filed a lawsuit (Seoul Central District Court 2014Da75651) claiming cancellation of ownership preservation against the Defendant Republic of Korea, which completed the registration of ownership preservation on the whole of the said land, and was rendered a favorable judgment on October 8, 2014, and according to such judgment, the procedure for the registration of ownership modification was completed on November 28, 2014.

B. Division and ownership of the instant land No. 2 (1) L acquired ownership under the 479 square meters in Suwon-gun, Suwon-gun, Gyeonggi-do. The ownership was divided from the said land through division, land category change, area conversion, change of administrative district name, etc.

(2) L died on April 24, 1953, and O, a sole heir, died on December 5, 1960, and eventually, O-2 South P succeeded to L’s share of 86/221 out of L’s property.

(3) As to the share of 86/221 out of the instant land No. 2, P filed a lawsuit against the Defendant Republic of Korea for the cancellation of registration of ownership preservation (Seoul Central District Court 2008Gadan79140) regarding the share of 86/21 out of the instant land No. 2, and obtained a favorable judgment on August 14, 2008. According to such judgment, the registration procedure for the alteration of ownership registration for the share of 30/221, 28/221, 28/221, 28/221, 2221 shares of each inheritance against Plaintiff E, D, and C, who is the heir of P, was completed on May 12, 2014.

C. The ownership relationship of land (1) Q Q is 271m2 and S. 3m2 of this case’s land ownership.

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