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(영문) 인천지방법원 2016.08.10 2015가단230463
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On June 20, 1990, 13 co-owners, including the Plaintiff, completed the registration of ownership transfer as to B miscellaneous land B in Dong-gu Incheon Metropolitan City and 3,183 square meters of land and 4,962 square meters of land C miscellaneous land in Dong-gu Incheon Metropolitan City (hereinafter collectively referred to as “land before the instant partition,” and hereinafter the same land shall be specified as the relevant lot number).

B. The details of the division of the land before the division and the transfer of ownership are as shown in the attached Table 2, and the location of the divided land and the following land are as stated in the certified copy of the cadastral map in the attached Table 3.

1) The 13 co-owners, including the Plaintiff, jointly purchased the instant land before the partition, and thereafter reverted to one or two co-owners of each divided land, following the procedures for partition of the land and the co-ownership, but only up to 294m2, E miscellaneous land, 201m2 and F 18m2, including the Plaintiff, left the Plaintiff as nine co-ownership. (2) On April 12, 1991, the Plaintiff newly constructed a G miscellaneous land on the ground of 235m2, G miscellaneous land, the ownership of which was solely acquired through the procedures for partition of the land and the co-ownership, and completed the completion inspection by the head of Incheon Special Metropolitan City, Metropolitan City, and Dong on August 31, 192, and completed the registration of ownership on September 17, 1992.

3) On April 12, 191, Hdo, the Plaintiff, through the procedures for partition of land and common property, newly constructed a 308 square meters-ground loan on which the ownership was solely acquired. On July 28, 1992, the head of Si/Gun/Gu in Incheon Special Metropolitan City, the head of Si/Gu completed the completion inspection, and on September 4, 1992, the registration of ownership site right was completed on September 4, 1992. 4) The other co-owners newly constructed a Ba on each land, the ownership of which was acquired solely or in two forms through the procedures for partition of land and common property, and thereafter completed the registration of ownership site right at that time.

C. On July 27, 1990, J Miscellaneous land is owned with nine co-ownership including the Plaintiff, following the process of dividing the jointly-owned property on July 27, 1990.

The above D miscellaneous land, which is owned by nine joint owners, including the plaintiff, is 294m2, E miscellaneous land, 201m2.

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