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(영문) 서울중앙지방법원 2017.05.12 2015가합556307
부당이득금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a leakage of E, who died on December 9, 2013, and the Defendants are the inheritors of E.

B. On June 30, 1983, with respect to F Return 2,694 square meters, G return 2,625 square meters on June 30, 1983, the same year

7. The registration of ownership transfer was completed on 18. H ditch 288 square meters, I ditch 172 square meters (hereinafter collectively referred to as the “instant land”).

(hereinafter referred to as the “H land”) in the same manner as “H land.”

Since then, H, F, and G land were divided as follows, and its status is as shown in the attached Table.

1) Of H land, the registration of subdivision was completed on July 27, 1998 with J land, and the registration of subdivision was completed on October 19, 2012 with the remainder of 251 square meters with the remainder of 46 square meters on the land of K on October 19, 2012. 2) The registration of subdivision was completed on July 27, 1998 with the remainder of 2,692 square meters with the remainder of 90 square meters with the land of M on October 19, 2012.

On November 25, 2013, the registration of subdivision was completed again with N-land on November 25, 2013.

3) The registration of subdivision was completed on July 27, 1998 with 1,046 square meters among G land. Of the remaining 1,579 square meters, 603 square meters with P land was completed on October 19, 2012. Of P land, the registration of subdivision was completed on November 25, 2013. D. I, J, L, and O were expropriated in Seoul Special Metropolitan City on August 17, 201, and E received KRW 967,28,700 in total as compensation for expropriation. After E’s death, the status of ownership was as follows: H, F, G, N, and Q were the proportion of shares transfer registration to H, 25, 275, 275, and 370 each due to inheritance.

2) On June 5, 2014, K and M land were transferred to Defendant B on the grounds of inheritance by division of consultation, and the ownership transfer registration was completed on June 10, 2014 in accordance with the procedure for the acquisition of public land on June 10, 2014. Defendant B received KRW 76,324,000 from Seoul Special Metropolitan City. (3) P land is subject to consultation and division.

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