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(영문) 청주지방법원 2019.04.05 2018나6885
부당이득금
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The plaintiff's claim.

Reasons

1. Basic facts

(a) Land-sharing 1) Each real estate listed in the Schedule 1 through 11 of November 7, 1980 by the Defendant and the network E, F, B, G, and network H are classified into each land in the order of the [Attachment 1 to 14] in the annexed list (hereinafter referred to as “the land and the combination thereof”).

(2) On November 18, 2007, the Plaintiff completed the registration of ownership transfer for each portion of H on March 13, 2008, with respect to each portion of each of the above land on the ground that the Plaintiff completed the registration of ownership transfer for reasons of inheritance by agreement division on November 18, 2007. 2) F completed the registration of ownership transfer for each portion of each land on September 12, 1971, and on November 15, 1980, each of the above shares of each land on the ground that “the sale on October 10, 1972” was completed for each registration of ownership transfer for each portion of each land on November 15, 1980.

On March 13, 2008, the Plaintiff completed the registration of ownership transfer for each of the above lands on the ground of “property inheritance by agreement or division on November 18, 2007,” and on December 27, 2012, the Defendant completed the registration of ownership transfer for each of the above lands on the ground of “Sale on December 24, 2012.”

On the other hand, I acquired the above plaintiff's share in land No. 14 due to a compulsory auction on January 19, 2016.

3. On September 28, 1971, the Defendant completed the registration of ownership preservation on the land No. 13, and on November 11, 1980, the Defendant completed the registration of ownership transfer on the ground of “sale as of October 13, 1972,” with respect to each 1/6 portion of the above land, on the ground of “sale as of October 13, 1972.” On March 13, 2008, the Plaintiff completed the registration of ownership transfer on the said H’s share on the ground of “property inheritance by agreement and division as of November 18, 2007.”

B. The co-owners of the land and the co-owners of the above network E, F, B, G, and network H shall be the descendants of the co-help with each X as an increased portion, and the Zmmar Z, the lower part of the YM, and the Plaintiff shall be the children of the above network H.

C. Related civil cases No. 14.

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