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(영문) 대구지방법원안동지원 2015.01.08 2013가합55
소유권이전등기 등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Plaintiff.

Reasons

1. Facts of recognition;

A. The parties’ relationship 1) Defendant B and the appointed parties F, G, H, and I (hereinafter collectively referred to as “Defendant B, etc.”).

(2) Defendant C is the husband of the deceased J (Death on February 19, 2009) and the heir of the deceased J (Death on October 17, 2012), Defendant D and E are the children of the deceased J (Defendant C, etc.) and the heir of the deceased J.

3) As examined below, the Plaintiff is a person who paid KRW 100 million to the deceased K with respect to the instant real estate, and was living together with his female before the formation of the deceased J. B. The instant agreement and the instant first-related lawsuit 1) owned the deceased L, which was put up by the deceased K from around November 15, 1940, and the ownership transfer registration was not completed in the name of the deceased K, the family heir after the deceased on November 15, 1940.

Although the original land category of the instant real estate was the answer, the land category was changed to a road on November 15, 1999, and the permanent resident city occupied and managed the instant real estate as a road from around that time.

2) When the Plaintiff came to know of the fact that the permanent resident market price of this case was using the instant real estate under the name of the deceased L as a road around the end of 2005, the Plaintiff sought to file a lawsuit for return of unjust enrichment against the permanent resident by informing the deceased K of the existence and current status of the instant real estate, and proposed that the Plaintiff file a lawsuit for return of unjust enrichment against the permanent resident by notifying the deceased K of the existence and current status of the instant real estate. The Plaintiff shall file a lawsuit with the deceased K by bearing all the litigation costs for return of unjust enrichment, but the Plaintiff purchased the instant real estate in the amount of KRW 100,000 won at the market price in winning the lawsuit, and the amount of the judgment was paid to the Plaintiff. However, for the Plaintiff’s convenience, the title holder of the instant real estate and the title holder who received the winning judgment was the deceased J, who was the Plaintiff’s

(3) On February 3, 2006, the Plaintiff was on November 15, 1940, with respect to the instant real estate at his own expense.

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