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(영문) 대구지방법원 2020.01.15 2019나309687
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The land indicated in paragraph (1) of the attached Table 1 list (hereinafter “instant land”) was divided into approximately 279 square meters (hereinafter “Gyeongju-si,” but only the lot number is indicated when the land is to be repeated) at approximately 150 square meters, E, 48 square meters, and F, 81 square meters, which are the mother land of the land listed in paragraph (1) of the attached Table 1 list (hereinafter “instant land”).

Then, on April 15, 1974, the foregoing D-W 150 square meters (hereinafter “D land before division”) was divided into D-W 443 square meters (hereinafter “D land after division”) and G-W 53 square meters. On the same day, the land category of G land divided was changed from “building” to “road.”

B. As above, H, who was the owner of 1/2 of the above G land at the time of the division of G land from D before the division, completed the registration of ownership transfer on June 17, 1974 with respect to the shares in its ownership on the ground of the sale of shares on November 3, 1971, and J, which was the owner of the remaining 1/2 shares, completed the registration of ownership transfer with respect to the shares in its ownership on November 11, 197 to K on November 8, 197.

After that, on February 10, 2014, upon the creditor L Co., Ltd.’s application, the Daegu District Court rendered a decision to commence a compulsory auction by M&T for the above G land on February 10, 2014. In the above compulsory auction procedure, the Plaintiff acquired the ownership of the instant land on November 27, 2014.

C. Nbox 316, which is the land listed in paragraph (2) of the annexed Table 1 List 2 (hereinafter referred to as “instant land,” and the combination of the instant land 1 and 2, was divided into the Nbox 250 and Pbox 66 on December 5, 1943. The aforementioned Obox 250 square meters (hereinafter referred to as “O land before division”) was divided into approximately 83 square meters on December 23, 1971 (hereinafter referred to as “O land after division”), Qb 37 square meters, and Rban 80 square meters.

On April 15, 1974, the instant R 80 square meters (hereinafter “R land before division”) was divided into the R 238 square meters (hereinafter “R land after division”) and the S 26 square meters, and on the same day.

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