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(영문) 인천지방법원 2018.02.21 2016가단245141
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Nonparty L created a housing site by dividing or changing land category with respect to the land owned by himself/herself as follows.

(1) On October 4, 1983, the land category of the K was divided into the land of the Nam-gu Incheon Metropolitan City, and on November 4, 1983, the land category of the K was changed to the road.

C. On October 6, 1972, the land was divided into N land and the P land was combined with the above O land and the P land was divided into Q or R land.

After July 16, 1996, the land category of the O land was changed to the road.

On May 11, 1976, the third party was divided into T or U land in S land and changed the U land category on June 7, 1976 to the road.

•V land was divided into W or X land in around 1975, and the land category of X land was changed to road on December 15, 1982.

(v) after combining M land and V land on February 24, 1978, it was divided into Y or P land on March 28, 1978, and divided into K land on October 4, 1983.

B. On May 17, 191, when L died, the ownership transfer registration was completed in the future on the ground of inheritance due to the consultation and division as of February 12, 1991 with respect to the Nam-gu Incheon Metropolitan City K,O, U, X, and M land (hereinafter “instant land”). On June 27, 2013, the ownership transfer registration was completed on the grounds of inheritance as of August 21, 2005 in the Plaintiffs’ future.

C. After August 6, 2009, Plaintiff C purchased the shares of other co-owners on land C, Plaintiff E, Plaintiff F, and Plaintiff B, respectively, and the registration of ownership transfer was completed solely by purchasing the shares of other co-owners on land B.

In addition, on August 7, 2017 with respect to O, U, X, and M land, each ownership transfer registration was completed on July 18, 2017 in the future of AA Housing Redevelopment and Improvement Project Association.

(a) part (a) that connects K's land in sequence 2, 37, 38, 17, and 2, and part (b) that connects the above K's land in sequence 37, 3, 13, 38, and 37 of the annex drawings among the above K's land, is located in front of the land and building AB in Nam-gu, Incheon, which is owned by Defendant I.

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