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(영문) 서울중앙지방법원 2015.07.15 2015가합507053
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) C’s 20-year-old net D (the name of satisfaction compensation) had a net F, G, H, I (B) as a child, and among them, the net F had a netJ as a child.

J’s children are the network K, the south net L, the Plaintiff (B) and the Defendant is the head of the network K.

Therefore, the plaintiff and the defendant are well-known.

The clans (hereinafter referred to as the "familys of this case") was created after the above net D, whose members are 19 years of age or older, among his descendants, and the plaintiff and the defendant are all members of the clan of this case.

C. On December 7, 1954, the registration of preservation of ownership was completed due to the restoration in the name of the deceased F and H on the N land (including all cases where the lot number has changed due to subdivisions, administrative district name change, etc. after subdivisions, etc.) located in Gyeonggi-gu, Gyeonggi-do.

The network K completed the registration of ownership transfer for reasons of sale as of March 15, 1956, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111 of May 21, 1965, invalidation) which was in force at the time of December 4, 1971.

E. After the deceased on November 27, 1992, the Defendant completed the registration of ownership transfer on the land of this case on February 5, 1993 due to an agreement division.

F. A part of the instant land was expropriated as a road on May 25, 2006 following the division into the aboveO and P, and the remainder was divided into Qu, R, S, T, and U. Land. The Defendant sold the said land to V (P land), W, X,Y, S, and S (part of the said R, S, U, and Z land) on May 25, 2006 and around June 22, 2014.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1 through 5, 10, 17, 19, 20, 24 (including all branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The registration of the Network K with respect to the land of this case claimed by the Plaintiff is a registration of invalidity of the cause that the Network K arbitrarily completed.

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