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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전고등법원(청주) 2015.04.21 2014나1578
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The ownership relationship of the instant forest is: (a) C cemetery 1,458 square meters and 655 square meters prior to D, Chungcheongnam-si, Chungcheongnam-si (hereinafter “E land”); and (b) the said land is added up to “E land.”

The registration of preservation of ownership in each FF's name was completed on September 4, 1979, and on the above C's land, June 8, 1992.

4. The registration for transfer of ownership in G name due to sale, and for D land, the same year as of June 11, 1992.

5.4. The registration of ownership transfer in H's name was completed as a result of sale;

2) On the other hand, 15,471 square meters of I forest land in the voice group in Chungcheongbuk-gun before subdivision (hereinafter “forest land before subdivision”).

With respect to shares 14,810/15,471 among them, July 4, 1992

6. 25. The registration of transfer of ownership in the Plaintiff’s name was completed on July 24, 1996 with respect to each share in the Plaintiff’s name (Plaintiff 4,942/15,471 shares, Defendant 4,932/15,471 shares, J 4,936/15,471 shares, J 4,936/15,471 shares, and the registration of transfer of ownership in the Plaintiff’s name was completed on July 24, 1996.

However, the purchase cost of forest land before the division is not contributed by the plaintiff, the defendant, and the J, but the disposal cost of land E has been used.

3) The deceased L and two graves for their wife on the above C’s land (hereinafter “instant grave”).

A) Around June 192, 192, the instant grave was installed, and around 1994, the said grave was changed to a forest before subdivision, and around around 194, a tombstone and a stone stone were installed in the instant grave. The forest before subdivision was 13,000 square meters of I forest land (hereinafter “instant forest”).

The instant grave was divided into 20,471 square meters of forest and N. The instant grave is located in the said Nan Forest. 4) Won on May 6, 2008, the Defendant and J sold the instant forest to Geum-mar Development Co., Ltd. (hereinafter “FT”) for KRW 510,000,000 (hereinafter “instant sales contract”), and for the same year.

6.3. The registration of ownership transfer was completed.

On the other hand, the defendant received the above sales amount from the gold Development and deposited it in the new bank account (K) in the name of the defendant.

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