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(영문) 대구지방법원 김천지원 2017.03.22 2016가단5166
부당이득금반환
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. On April 15, 1995, the network E, Defendant C, and D (hereinafter collectively referred to as the “nets, etc.”) completed the registration of ownership transfer on March 11, 1984 with respect to 1/3 shares in each of the 5,511 square meters of Kimcheon-si Kimcheon-si (hereinafter “instant maintenance”). Defendant B completed the registration of ownership transfer on February 26, 2009 with respect to 1/3 shares in the instant maintenance (net E shares), which were due to inheritance by consultation and division on October 30, 2008.

On January 2, 2015, the Defendants completed the registration of ownership transfer for the maintenance of this case to G on November 25, 2014.

B. On April 15, 1995, the deceased et al. completed the registration of ownership transfer on the ground of sale on March 11, 1984 with respect to each of 1/3 shares of H 2,096 square meters, I,415 square meters prior to J, 195 square meters prior to K, and 737 square meters prior to K (hereinafter “instant land”). Defendant C and D completed the registration of ownership transfer on September 10, 1995 with respect to each of the instant shares of 1/3 shares among the instant land to the deceased E on September 29, 1995.

With respect to the instant land, on August 19, 197, the network E completed the registration of ownership transfer based on donation on August 13, 1997 to Defendant B, and Defendant B completed the registration of ownership transfer based on sale on August 4, 2014 to L on August 4, 2014.

C. On April 19, 2012, M completed the registration of transfer of ownership on the ground of prescriptive acquisition on October 10, 2009 with respect to the land owned by the Plaintiff on the same day. On July 7, 2014, M completed the registration of transfer of ownership on the land owned by the Plaintiff on the ground of sale on the same day.

[Reasons for Recognition] Each entry of Gap evidence Nos. 2 through 9 and 12 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is intended to cultivate approximately 9,00 square meters of land, the land category of Quri, Kimcheon-si, the land category of which is the answer.

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