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(영문) 서울고등법원 2016.06.23 2015나2046643
부당이득금반환
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Reasons

1. Basic facts

A. The deceased C (the deceased on March 5, 200; hereinafter “the deceased”) had the Plaintiff, the Defendant, his/her dependent, D, and E, who was a son, under the chain.

B. Around October 1996, the deceased prepared a “farmland donation certificate” with the purport that the Plaintiff and the deceased donated the Plaintiff the F 53 square meters prior to F, G 982 square meters prior to G, H 625 square meters prior to H, G 304 square meters prior to I, and J 2,662 square meters prior to J 2,62 square meters (hereinafter each of the above land is referred to as “the land’s number alone”).

C. K completed the registration of ownership transfer on February 23, 200 with respect to F land and G land (hereinafter collectively referred to as “F land, etc.”) based on sale and purchase on February 5, 200. On December 21, 2015, K completed the registration of ownership transfer based on the Korea National Housing Corporation (hereinafter “Korea National Housing Corporation”)’s name changed to that of the Korea National Housing Corporation (hereinafter collectively “Korea National Housing Corporation”) on December 19, 2005. The registration of ownership transfer based on the consultation on the purchase of public land as of December 19, 2005 was completed, and received KRW 718,875,940, total compensation from the said construction on December 30, 200.

On February 29, 2000, the Plaintiff completed the registration of ownership transfer for H land, I land, and J land on the ground of donation made on February 7, 2000. On August 31, 2004, the Plaintiff completed the registration of ownership transfer for H land and I land (hereinafter collectively referred to as “H land, etc.”) on the ground of donation made on August 19, 2004.

On October 23, 2012, the Defendant completed the registration of ownership transfer based on a consultation on the land for public use on October 22, 2012 with respect to the land for public use, etc. to Nonparty Corporation on October 23, 2012, and received KRW 369,742,000 from the above construction on October 31, 201.

E. On the other hand, on August 24, 2004, the registration of transfer of ownership was completed on the ground of sale as of April 4, 2002 in the name of J Construction Co., Ltd. (hereinafter “J Construction”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 9, 11, 13, 18, and Eul evidence Nos. 4 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.

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