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(영문) 서울남부지방법원 2018.05.04 2016가단203968
부당이득금
Text

1. The defendant,

A. Plaintiff A: (a) KRW 9,293,846 and each of the said money to Plaintiff B and C, respectively, as to KRW 13,940,769 and each of the said money.

Reasons

1. Basic facts

(a) F on March 2, 1973, dividing land category into G land of Dobong-gu Seoul and nine land of H or I (hereinafter referred to as “administrative district name”) and specify land only as its lot number, by dividing it into G land of Dobong-gu Seoul and G land of H or I (hereinafter referred to as “land number”);

On September 1, 1973, J land was divided into J land and K or L land 19. On August 22, 1974, F divided the previous M land into nine land: M land and N orO land; and on April 30, 1973, F changed the category of P land and E land (Seoul E-gu road; hereinafter referred to as “instant land”) from the Seoul Special Metropolitan City Mayor’s letter of completion inspection after obtaining a certificate of completion of construction from the Seoul Special Metropolitan City Mayor’s office on May 4, 1973.

B. 1) With respect to the instant land and P land owned by F, Q land, and O land owned by F, the registration of ownership transfer was completed on or around September 16, 1996 as F’s heir on or around June 12, 1982 (R, S 1/2 shares) for the instant land and P land, Q Q andO land (R 1/2 shares); the registration of ownership transfer was completed on or around May 1 and 7, 2012 due to compulsory sale in the future of D Co., Ltd. (hereinafter “D”), and the registration of ownership transfer was completed on or around December 12, 2012 for the Plaintiffs, the heir of S, on or around June 13, 1998.

(A) The Plaintiff’s share 1/2 x 3/7 shares, Plaintiff B, and C 1/2 x 2/7 shares) D filed a claim for the partition against the Plaintiffs, who are other co-owners of the instant land and P land, Q land, and O land. As a result, on February 5, 2013, P and Q land were divided into D’s sole ownership, and ② The instant land and O land were divided into owned by the Plaintiffs (Plaintiff A6/14 shares, Plaintiff B, and 4/14 shares, respectively.

The defendant has changed the land category of the instant land and P land from “the answer” to “road” from February 1942.

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