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(영문) 창원지방법원 2019.06.13 2018나58711
부당이득금
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. On March 24, 1924, the net B completed the registration of ownership transfer on the grounds of sale with respect to the land of 2,321 square meters (hereinafter “C before subdivision”) prior to the smuggling-si.

B. The deceased on July 26, 1942, the deceased D was succeeded to Australia before the above division. The deceased D sold 614/1,852 of the above land to E on November 15, 1955 without completing the registration of ownership transfer for the above land, and sold the remainder 1,238/1,852 to F on April 30, 1965.

C. On July 10, 1981, E completed the registration of ownership transfer with respect to 614/1,852 of C land before subdivision due to sale and purchase as of November 15, 1955, and F completed the registration of ownership transfer with respect to 1,238 shares of C land before subdivision due to sale and purchase as of April 30, 1965 on the same day.

Before the same day, 388 square meters of C’s land was divided into G land (hereinafter “G land”), and 81 square meters of H land was divided into H land (hereinafter “H land”).

G Land and H land (hereinafter collectively referred to as “each land of this case”) was changed from “former” on June 14, 2007 to “road”.

On August 28, 2017, the Plaintiff was awarded a successful bid for each of the instant land through a voluntary auction procedure and completed the registration of ownership transfer in its name on October 16, 2017.

E. Of the land of this case, which was divided on July 10, 1981 and divided on July 10, 1981, 1,852 square meters (=2,321 square meters-469 square meters), 468 square meters among the land of this case (i) was divided into one land on September 16, 200 (hereinafter “I land”), and 787 square meters among the remaining 1,384 square meters was divided into J land.

F. On May 1995, the Defendant paid compensation to F around May 1, 1995 with respect to 1,238/1,852 of F shares of the above I land, and completed the registration of ownership transfer on December 16, 2003 due to the acquisition of public land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1, 2, 3, 7 (including each number), and the purport of the whole pleadings

2. The parties' arguments.

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