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(영문) 전주지방법원군산지원 2014.07.24 2013가합1190
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The fact that the Plaintiff was related to 1,064 square meters prior to C in Gunsan-si (hereinafter “instant real estate”) is 1,064 square meters prior to C in Gunsan-si, which was owned by the Plaintiff.

As to December 9, 199, on December 8, 1999, the provisional registration of the Defendant’s right to claim transfer of ownership was made on the basis of a trade reservation, and on October 1, 2003, the ownership transfer registration was made in the name of the Defendant on September 25, 2003 on the basis of the provisional registration. 2) The instant real estate was expropriated in the Korea Land and Housing Corporation on August 4, 2010, and the ownership transfer registration was made in the name of the Korea Land and Housing Corporation on October 1, 2010, and the Defendant received compensation KRW 193,754,400 from the Korea Land and Housing Corporation prior to the date of expropriation.

B. The facts related to 85/251 square meters in Pyeongtaek-si D Special Metropolitan City 251 square meters are 1) Pyeongtaek-si D Special Metropolitan City 648 square meters in total (hereinafter “Before division and merger”).

(C) In 1998 and 1999, the land shall be 251 square meters (hereinafter referred to as “land after division and merger”) of Pyeongtaek-si D (hereinafter referred to as “land after division and merger”).

(B) On January 30, 1990, upon the death of E, which had 45/196 shares in the land before the split-merger, the transfer registration for shares in F (1/4) and G (3/4) was made on January 30, 1990, and the transfer registration for shares in the name of the Defendant was made on June 22, 1995, and on May 28, 2000, 85/251 shares in the land after split-merger (hereinafter “the shares in this case”).

(2) On November 14, 2012, the Defendant sold the instant shares to H, who is another co-owner of the land after the split-merger (a trade value of KRW 170,000,000) and made on November 26, 2012, H a share transfer registration with respect to the instant shares.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, and 8, and the purport of the whole pleadings.

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