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(영문) 서울고등법원 2015.04.16 2014나2016416
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) in excess of the following order for payment.

Reasons

Basic Facts

Attached Table 1, such as details of land division and change of legal relationship, shall be listed in the real estate list:

(hereinafter referred to as “each of the instant lands” in attached Table 1. In total, each of the real estate listed in the real estate list shall be classified into “each of the instant lands”, and when each of the instant lands is named, it shall be specified by means of entering the relevant sequence, such as “the instant land 1.” The instant land was subdivided into “the instant land” on November 30, 1939, and the land category was changed from before the same day to a road.

J The land category was changed from August 15, 1961 to a site, and on March 23, 1979, JJ large 458 square meters, U large 270 square meters, K large 258 square meters, and two land of this case were divided.

J on May 12, 1980, the J 458 square meters was divided into J 161 square meters and three land in this case.

K large 258 square meters were divided into K large 126 square meters on May 12, 1980 and the land of this case 4.

L was divided into a 1,203 square meters in AG field on November 30, 1939, the 5th land in this case, and the 965 square meters in MM. On the same day, the land category of the 5th land in this case was changed from the paddy field to the road.

MY 965 square meters was divided into 947 square meters in M, M, 947 square meters in M, Y, 183, and 18 square meters in M, 947 square meters in M, 796 square meters in M, M, and 6 land in this case on May 15, 1984, and the land category of the six land in this case was changed from the answer to the road on the same day.

On May 30, 1942, the details of the change of ownership and the land of this case 1 through 4 were about the registration of ownership transfer in the future of H, the father of the plaintiffs (hereinafter referred to as "the deceased H"), the father of the plaintiffs on May 30, 1942, and the registration of ownership transfer was completed on March 26, 2008, after H died on June 3, 1995.

Since the registration of ownership transfer was completed on February 15, 1949, land 5 and 6 in this case, it remains now.

H At the time of death, the wife is not more than I, the context requires.

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