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(영문) 서울동부지방법원 2016.08.25 2015가단115818
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is one of the three South and North children of C who died on July 4, 1998 (hereinafter “the deceased”), and is the inheritance right holder as to the deceased’s share of 1/5.

B. On August 27, 1973, the deceased completed the registration of transfer of ownership on the ground of sale on August 24, 1973 with respect to D 3772 square meters (1141 square meters; hereinafter referred to as “land before division”; hereinafter referred to as “Seoul Special Metropolitan City, Nowon-gu E-dong”) in Seoul Special Metropolitan City, Nowon-gu, the deceased divided the land before division into the following 22 lots over three occasions for a period from January 8, 1976 to March 5, 1976.

1) On January 8, 1976, the object of the first subdivision: D & 1141 square meters (3772 square meters) of land before subdivision: ① Fand 780 square meters (2) Fand 292 square meters (hereinafter “instant land”; hereinafter “instant land”).

(2) Division into three parcels, etc. on January 9, 1976: ① Division into 4 parcels, such as D major 780 square meters: D major 218 square meters and G through H, etc. on March 5, 1976: Division into 14 parcels, such as D major 218 square meters and G through H: F major 292 square meters: Division into 7 parcels, such as F major 36 square meters and I through J.

C. The Deceased sold the land of this case and the remaining land except for two parcels, such as D Large 218 square meters, to third parties during the period from March 1, 1976 to December 12, 1976, and the land partitioned and sold was formed into a housing site.

At the time of the deceased’s purchase of the land before subdivision, the land before subdivision was originally used as arable land, such as paddy field or dry field. However, at the time of the deceased’s application for land division as above, the housing site creation project was already conducted in the vicinity of the land before subdivision, and the part of the instant land in the narrow and long bridge shape was actually used as the passage of neighboring residents. The part of the instant land was determined to be included in the extension section of 2nd line of 3rd line of 1, 1974, the width of which is 8 meters by K-ro in Seoul Special Metropolitan City’s public notice, and the deceased was determined to be included in the extension section of 8 meters by urban planning facilities (road).

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