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(영문) 서울남부지방법원 2014.05.09 2013가합104296
부당이득금
Text

1. The defendant,

A. 103,57,100 won, Plaintiff A, C, D, E, F, and G respectively, and each of the above amounts.

Reasons

1. Basic facts

A. Each real estate listed in the attached Table 1’s real estate list (hereinafter “each land of this case”) is the land owned by the Plaintiffs’ prior H (Death on June 3, 1995).

B. At the time of H’s death, there was the Plaintiffs, who are wife I and their children. However, I and the Plaintiffs, following an agreement on the division of inherited property, completed the registration of ownership transfer in the Plaintiff’s name on March 26, 2008 with respect to the land indicated in [Attachment I] Nos. 1 through 4 (hereinafter “instant land”).

Meanwhile, the land listed in [Attachment 1] Nos. 5 and 6 in the list of real estate (hereinafter “instant 5 and 6”) still remains the ownership transfer registration in H’s name. As I died on March 31, 2012, the Plaintiffs ultimately inherited 1/7 shares.

Attached Form

After the change of the land category before the change of the parcel classification from J on November 30, 1939 to the date of the change of the land category before the change of the parcel classification, from J on August 3, 1961 to August 4, 15, 1961 to J on August 5, 1961, the land category before the division from J on August 15, 1961 to D on November 30, 1939 to the date of the division.

The details of the division and land category change of each of the instant lands are as follows.

The land of this case 1 to 5 was incorporated into the liver road expansion project (hereinafter “the project of this case”) under the “Ntending Project,” which was promoted by the Plaintiff, Kimpo-gun, the telegraph of the Plaintiff, around 1979. The land of this case was incorporated into the liver road package project conducted by Kimpo-gun around 1983. After October 4, 2004, Kimpo-si announced by Kimpo-si, the land of this case 1 to 43 meters extended from 3-1 to 2-2 as urban planning facilities (road) and the land of this case 5 to 3-1 to 3-1, 397 meters was incorporated into Qpo-ro road among the land of this case 6 land.

Therefore, among the land of this case 1 through 5 and the six land of this case, each point of Attached 2 Map 1, 2, 9, 8, 7, 6, 5, 4, and 1 is indicated.

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