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(영문) 대구지방법원포항지원 2016.09.27 2015가단301524
부당이득금
Text

1. The defendant is against the plaintiffs:

(a) The interest rate of KRW 6,710,40 and each of the above amounts shall be from March 16, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 24, 1988, the registration of partial transfer of ownership was completed on the ground of partial sale on February 28, 1991, with respect to the portion of 1,356/17,058 square meters out of the above H H forest 17,058 square meters on March 5, 1991, after the registration of the implementation of subdivision rearrangement on October 24, 198.

B. On November 9, 191, the value of H 17,058 square meters of H 17,058 square meters of the land in the north-gu in the port of port was divided into 11,810 square meters of H 11,810 square meters of H 5,163 square meters of the J 5,163 square meters of the K 85 square meters of the land at port. On July 6, 1995, the Defendant completed the registration of ownership transfer on July 3, 1995 with respect to the share of 15,702/17,05,058 square meters of the above H 11,810 square meters of the G 15,702/17,058 square meters of the public land among the shares of 15,85 square meters of the above K 85 square meters of the land on July 3, 195.

C. However, on January 11, 1996, G was entirely transferred through the partition of co-owned property as to the portion of H 11,810 square meters of land in North-gu, North-gu, and 85 square meters of K forest, and the portion of 1,356/17,058 square meters of K 85 square meters of land. The Defendant completed the registration of ownership transfer on January 24, 1996 with respect to the portion of 1,304/17,058 square meters of H 11,810 square meters of the Dong-gu, North-gu, North-gu, Mapo on January 26, 1996 as to the share of 1,304/17,058 square meters of the Dong G’s 1,953/17,058, and on the same day, completed the registration of ownership transfer due to consultation on January 24, 1996.

Meanwhile, on the other hand, on March 23, 1998, the land of H 11,810 square meters (hereinafter “the land before the instant subdivision”) was divided into 11,361 square meters of the above H H forest and the above L 449 square meters of the land. The above H 11,361 square meters of the above H forest were registered as 11,290 square meters of the above F School site on April 24, 2008 (hereinafter “instant land”). The above L 449 square meters of land was incorporated into a road in a multi-division rearrangement zone on March 23, 1998, and the registration was closed.

E. The deceased G died on September 1, 2014, and the Plaintiffs, who were children of the deceased G, jointly inherited.

F. At present, the instant land is N Elementary School.

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