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(영문) 수원지방법원안양지원 2017.04.07 2014가합5444
부당이득금 및 토지인도
Text

1. The plaintiff (Counterclaim defendant, the appointed party)'s main claim is dismissed.

2.(a)

The plaintiff (Counterclaim defendant, the designated party) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On April 19, 1918, the land of Incheon-gun E was classified into G and H two lots on June 27, 1965, and G was divided into three thousand eight hundred and eight41 square meters prior to D (hereinafter “instant land”).

(ii) On September 26, 1963, the land cadastre of this case was registered in the name of the deceased I (the deceased F), and was corrected in the name of the deceased F on July 18, 2001.

B. The deceased on February 14, 1923, the deceased on February 14, 1923, the deceased on the condition of the present land. The deceased on the part of the deceased on the part of the deceased on February 14, 1923, the deceased on the part of the deceased on the deceased on the part of the deceased on the deceased on the part of the deceased on the deceased on the part of the deceased on the deceased on the part of the deceased on August 21, 1941, the deceased on August 21, 1941, the deceased on the part of the deceased on his family heir, who was the deceased on September 6, 1949, became the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased.

3) Thereafter, the deceased on January 1, 1968, and the deceased on January 1, 1968, and the deceased on January 29, 199, the deceased on January 29, 199, and the deceased on January 29, 200 P, Q, R, and S.

After the death of the networkO, the heir of the networkO and the network N have drawn up an agreement on the share of inheritance with the content that the land in this case will be owned by the sole ownership of the network N.

On June 16, 2015, the network N died in the instant lawsuit, and the heir has T, U, V, selectr C, W, X, and Y.

C. (1) The registration of ownership transfer of the instant land was made under the name of the deceased N on October 6, 2014, and the registration of ownership transfer was completed on October 6, 2014 with respect to the ownership of 5/100 of the instant land due to the purchase and sale as of August 5, 2014. (2) As to the remaining 95/100 of the shares, the registration of ownership transfer was completed under the name of the deceased N on January 21, 2016, under the name of the designated person C, one of the successors on June 16, 2015, under the name of the deceased N on January 21, 2016.

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