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(영문) 서울중앙지방법원 2015.11.17 2014가단5169780
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 5,721,775 as well as 5% per annum from June 27, 2014 to November 17, 2015;

Reasons

1. Basic facts

A. (1) On September 1, 1978, in relation to the ownership of the instant land, Nonparty C, a mother of the instant land, completed the registration of ownership transfer under the Daegu-si Kimcheon-do Kimcheon-Support, Kimcheon-do, 4,601.6 square meters prior to the division, which is the mother of the instant land. After completing the registration of ownership transfer on September 1, 1978, Nonparty E completed the registration of ownership transfer on the ground of donation under Article 9046 of the receipt on September 15, 1978, with respect to the 1/2 shares of the instant land, Nonparty C and E (hereinafter “former owners of the instant land”).

(2) On November 8, 2010, the Plaintiff acquired 1/2 shares in the instant land divided from Kimcheon-si D’s site prior to subdivision through a public auction, and completed the registration of ownership transfer as the receipt of No. 30626 on December 24, 2010, with respect to the shares of 1/2 shares in the instant land.

B. The process of dividing D land, the mother’s land, in the course of dividing the D land, into the instant land, from 4,601 square meters to the instant land, Kimcheon-si, Kimcheon-si, the mother’s land, is as follows.

(1) D major 4,601.6 square meters, divided into 3,200.6 square meters on February 5, 1980 and 1,401 square meters, D major 3,200.6 square meters on December 12, 1985 and divided into 409.5 square meters on December 12, 1985, D major 2,791.1 square meters on February 28, 1986; 9.2,685.4 square meters and 9.7 square meters on April 1, 198 (4) divided into 2,685.7 square meters on March 17, 198, and 198.7 square meters on September 1, 198, 198; 1.6.9.7 square meters on September 1, 1985; 9.7.5 square meters on September 1, 1985;

C. On January 12, 1970, the details of the incorporation of the instant land into the road and the construction of M were publicly announced as urban planning facilities (O of the Ministry of Construction and Transportation) with respect to part of the instant land, which included the instant land, Kimcheon-si D before the subdivision.

(2) On May 19, 198, the former owners of the instant land divided the 698 square meters of D 1,757.1 square meters into B B large 698 square meters, and 313.4 square meters of F large 1,401 square meters into J large 313.4 square meters, and around May 25, 198.

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