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(영문) 서울중앙지방법원 2018.01.16 2015가단5060026
부당이득금반환
Text

1. The Defendant: (a) KRW 267,473, and each of them to Plaintiff A, as well as KRW 1,604,838, and KRW 267,473, respectively, on April 11, 2017.

Reasons

1. Facts of recognition;

A. On October 1, 1913, 1913, where the Plaintiff’s prior to the partition of the land D large 92 square meters (hereinafter “instant land”) was the head of the Gyeonggi-gun E-gun, and the Defendant’s prior owner of the land was the head of the Dong-gun E-gun, and the Defendant’s prior owner of the land was the head of the Dong-gun, the Plaintiff’s prior owner of the land.

B. The cadastral record and the registry were destroyed due to the 6.25 War with respect to the above share of the land before the said subdivision, and were divided into the above G, H, I, etc. as stated in the status of cadastral recovery and the attached cadastral adjustment. The Defendant completed the registration of preservation of ownership on February 14, 1961 as the receipt No. 977 of the Government Registry of the District Court for the above divided land, etc.

C. On April 21, 1988, the defendant transferred 72/764 shares out of the above I's land to J (one million won on the sale ledger for the disposal of state property) and transferred 186/764 shares out of the above I's land to K on March 3, 1992 (the above sale price of KRW 10.6 million), and the shares transferred thereafter were again transferred before the transfer to a third party, and the above I's land was divided into the land in this case, etc. in accordance with the partition of co-owned property as of December 7, 2004 as follows.

At present, the owner of the instant land is M who completed the registration of ownership transfer from L on November 6, 2014.

- The registration of co-owned property transfer was completed on June 2004 as to the whole shares (764%) transferred in sequence from Defendant (506/764 shares), N (72/764 shares) on May 23, 1992, J (198), P (199), P (191) on May 23, 199, and K (186/764 shares) on March 3, 1992, K (186/764 shares) and 186 m2 (186 m2) on co-owned property, which were co-owned by Defendant (506/764 shares). The decision to commence co-owned property division was made on July 22, 2004 on July 22, 2004 by the co-owners’ final decision to commence co-owned property division without the size of the co-owned property.

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