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(영문) 부산고등법원 (창원) 2017.01.19 2015나2006
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 15, 2007, the Plaintiff purchased a 12,927 square meters of land in the respective land listed in paragraphs (1) through (4) of [Attachment 1] and completed the registration of ownership transfer on the same day. After then, the said R forest was divided into 4,579 square meters of land, 2,614 square meters of land, 5,734 square meters of land, and again, R forest 4,579 square meters into 916 square meters of land, U forest 2,424 square meters, 529 square meters of land, 529 square meters of land, and 829 square meters of land in W, and among which U forest 2,424 square meters were registered on June 22, 2010, the Plaintiff completed the registration of ownership transfer with Defendant 271 square meters of land listed in annexed Form 1 (1) [Attachment 2,424 square meters of land in the name of Chungcheongnam-gun, Chungcheongnam-do, 20127 square meters of forest land.

Since then, the said S 2,614 square meters of forest land was divided into 188 square meters of S 188 square meters of forest land, X 2,216 square meters of forest land, and Y 210 square meters of forest land. Of them, X 2,216 square meters of forest land was subject to registration conversion on June 22, 2010 as land listed in attached Table 1(2) (O large 2,199 square meters in Gyeong-gun, Busan Metropolitan City).

3) The Plaintiff concluded a title trust agreement with the wife, and completed the title trust agreement with C on June 5, 2009, divided into R 12,927 square meters of land, which completed the registration of ownership transfer, after purchasing on October 15, 2007. The Plaintiff sold the land to G on December 11, 2007, but sold the land to G on June 5, 2009, thereby holding the title trust with C, the wife. The Plaintiff purchased on June 8, 2009 on June 8, 2009, and completed the registration of ownership transfer under C’s name on June 5, 2009 (the grounds for the registration under the name of Busan District Court, Busan District Court, the registration of ownership transfer on September 5, 2009) and then divided into 5,734 square meters of forest, 200 square meters of forest, 300 square meters of forest and forest, 3134 square meters of forest and forest, 320134 square meters of land.

In addition, on June 5, 2009, the Plaintiff purchased a 168 square meters of AB forest AB forest in Gyeonggi-do on June 5, 2009, and completed the registration of ownership transfer under the Plaintiff’s name under the receipt of No. 7282 on June 8, 2009, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name.

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