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(영문) 창원지방법원진주지원 2015.09.25 2014가단12344
부당이득금반환
Text

1. The Defendant’s share of KRW 3,719,460 and KRW 123/215, out of KRW 132,00 and KRW 132,00 from November 13, 2014, to the Plaintiff.

Reasons

1. Facts of recognition;

A. Change in ownership 1) The Plaintiff’s net C, which is the Plaintiff’s put, is 215 square meters prior to Jinju-si (hereinafter “Before partition”).

(2) On April 8, 1980, the network C completed the registration of ownership transfer on April 14, 1970 as Jinwon District Court Jinwon Branch, which received on April 14, 1970. (2) The unit C sold 92/215 shares of the land prior to the subdivision to the network E, and completed the registration of ownership transfer on April 10, 1980 as the receipt No. 11839 of Changwon District Court Jinwon Branch, which completed the registration of ownership transfer on April 10, 1980. As a result of the network E’s death, F, and G inherited shares by inheritance, but H purchased on June 22, 1990, H completed the registration of ownership transfer as the receipt on July 20, 1990.

B. On January 13, 197, part of the land before subdivision was determined and announced as a road planning facility (road) by the Defendant on January 13, 197. 2) On September 13, 1990, the land before subdivision was divided into eight-three square meters prior to Jinju-si and one hundred and thirty-two square meters prior to Jinju-si (hereinafter “instant land”). The instant land is consistent with the part incorporated into the road planning facility (road) of Jinju-si among the land before subdivision.

3) After around 1990, the Defendant: (a) performed a asphalt package on the instant land; (b) however, did not implement a project to establish an urban planning road until the closing date of the argument in the instant case; (c) the Plaintiff acquired the Plaintiff’s share due to the death of the deceased C, as the share of 123/215 of the instant land (hereinafter “instant share”).

A) The registration of ownership transfer was completed on February 13, 2009 with respect to the Changwon District Court Jinju Branch by Law No. 5532, which was received on February 13, 2009. [Grounds for Recognition] The facts of no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 (each statement including each number, the purport of the whole

2. According to the above facts of recognition as to the cause of the claim, the defendant occupies the land of this case by using it as a road after around 1990. Thus, the owner of the share of this case, barring any special circumstance.

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