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(영문) 대구지방법원 2018.12.20 2017가합206278
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Family relations 1) D A died on October 11, 1928 without any child between wife E and wife, and upon accordance with the customary law at the time, wife succeeded to Australia and its property through her her fryf. They died on November 11, 1952. 2) D, G, and H are siblingss.

3) G died on December 27, 1950. G’s family heir I died on February 1, 1999, and the Plaintiff A died on July 25, 1968 as one of the successors of I. H’s children.

H’s successors are J, Plaintiff B and K.

The J died on June 27, 1988, and the defendant is the wife of the J.

B. 1) The administrative district and the lot number were changed on August 2, 2013, 585 square meters in Daegu Dong-gu, Daegu-gu (hereinafter “Seoul-gu Ma-dong, 585 square meters”).

The “instant land” is not classified before and after the administrative district and lot number change.

) N owned the instant land. After completing the registration of ownership transfer on April 17, 1928 on the ground of family inheritance on April 19, 1928, J, one of H’s children, completed the registration of ownership transfer on the ground of sale and purchase to E on the same day. 2) The registration of ownership transfer on the instant land was completed on September 26, 1972 by reason of sale and purchase on September 27, 1972.

As J dies, the defendant completed the registration of ownership transfer on August 23, 198 on the ground of the inheritance by agreement and division as to the land of this case.

3) The Defendant sold the instant land to the Korea Land Corporation on October 1, 2007, and received KRW 304,471,666 from the Korea Land Corporation on October 9, 2007 as the purchase price. 【Ground for recognition’s absence of any dispute, and evidence Nos. 1, 2, 3, 5, and 7 (including the spot numbers, if any; hereinafter the same shall apply)

each entry, the results of fact-finding conducted by the Head of the Daegu North Korean Land and Housing Corporation of this Court, the purport of the entire pleadings.

2. The parties' assertion

A. The plaintiffs' assertion D purchased the land of this case from N around 1923, and around that time, it was the land of this case.

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