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(영문) 수원지방법원 안산지원 2018.07.18 2016가단68314
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. 사실관계 [인정근거] 갑 1∽4호증, 을 1, 2호증(가지번호 포함)의 각 기재, 변론 전체의 취지 C은 1982. 6. 5. 사망하였고, 그의 상속인으로는 원고와 피고, D, E, F이 있다.

① On April 16, 1985, G completed the registration of transfer of ownership pursuant to the Act on Special Measures for the Registration of Restoration and Preservation of Unclaimed Land (Act No. 3627, Dec. 31, 1982) with respect to the registration of the change of ownership pursuant to Article 3627 of the Act on Special Measures for the Registration of Restoration and Preservation of Unclaimed Land in Do Residents in Macheon-si.

② On May 28, 1985, J completed the registration of transfer of ownership pursuant to the Act on Special Measures for the Registration of Restoration of Unclaimed Land and Preservation of Unclaimed Land (Act No. 3627) with respect to the whole K shares of K out of 2,578 square meters L 2,578 square meters of K and Pocheon Farmland Improvement Cooperatives.

③ On May 28, 1985, J and Pocheon Farmland Improvement Cooperatives completed the registration of change on the possession of the above L/C land as co-ownership in accordance with the modified contract.

(1) The Defendant completed the registration of transfer of ownership on July 8, 1987 with respect to the above L L’s share due to sale and purchase on July 8, 1987, and the registration of transfer of ownership on July 8, 1987 with respect to the above L’s share due to sale and purchase.

② On March 25, 1994, a 478 square meters was divided from the above L’s land, and the registration of ownership transfer was completed on March 22, 1994 with respect to the portion of Macheon Farmland Improvement Association among L’s land after division.

(2) In the event that the real estate of this case was incorporated into a M business site, the Defendant received compensation from the Korea Water Resources Corporation (hereinafter “Korea Water Resources Corporation”) for KRW 524,029,330.

2. The assertion and judgment

A. The Plaintiff’s summary of the assertion ① The instant real estate is inherited property with real estate owned by the network C.

② The Defendant, the network N (Defendant’s dual-type system), G (spouse of the network N), J (G’s ushesheshesheshesheshes), K, etc. completed a false registration of ownership transfer regarding the instant real estate in collusion.

The defendant has the real estate of this case.

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