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(영문) 서울북부지방법원 2017.08.22 2016가단137668
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

가. 분할되기 전의 서울 동대문구 F 대 42평은 원래 원고 E를 제외한 나머지 원고들(이하 편의상 위 원고들을 통틀어 ‘이 사건 나머지 원고들’이라고 한다)과 G의 아버지인 H의 소유였는데, H이 1965. 4. 21. 동대문구청장에게 제출한 <토지분할신고서(☞을 6)>에 따라 1965. 4. 26.경 위 F 토지가 F 대 34평, I 대 2평, J 대 3평(10㎡; 이하 편의상 이를 ‘이 사건 제2토지’라고 한다), K 대 3평으로 분할되었다가, 그중 F 대 34평은 지목변경과 면적단위 환산 과정을 거쳐 별지 목록에 적힌 제1토지(이하 편의상 이를 ‘이 사건 제1토지’라고 한다)가 되었다.

After the death of H around 1970, with respect to the land No. 1 and the land No. 2 of this case, the registration of inheritance was completed in the joint name of L and the rest of the plaintiffs and G [the Seoul Family Court Decision 2004Ra7017, Jun. 27, 2005] on the ground that "the expiration of the period of disappearance as of March 5, 1990" was completed on the ground of "the expiration of the period of disappearance as of March 5, 1990"]. As to the land No. 1 of this case, the registration of inheritance was completed in the joint name of G and the plaintiff No. 2 in the current register through M (N as his heir). As to the land No. 2 of this case, the registration of ownership transfer was completed in the joint name of plaintiffs E and

B. Around April 26, 1965, when the land No. 1 was partitioned, it was divided into the O land (which appears to have been completed on April 18, 1989 with respect to the above land) around April 26, 1965, and around July 30, 1970, the third land (hereinafter “third land of this case”) listed in the annexed list, the land category of which is changed to a road was owned by H was originally owned by H. In addition, the third land of this case was registered after the inheritance registration was completed in the future with respect to the remaining land of this case including the plaintiffs of this case, and the third land of this case was completed under the Plaintiff E and G joint names.

C. Originally, the remaining plaintiffs of this case.

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