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(영문) 서울서부지방법원 2017.02.07 2015가단246448
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties and Defendant B are two-dimensionals that were born to the pro-friendly net F, and Defendant C is between the Plaintiff and Defendant B.

The plaintiff was adopted as a adopted child to the large Abandon G.

B. The transfer registration of ownership was completed on May 17, 1935 with respect to the H 7,412 square meters prior to H, which was owned by the network G, under the name of F on May 17, 1935, and on June 17, 1965, the transfer registration was changed to the Plaintiff’s name on March 3, 1982, and the transfer registration of ownership was completed on the same day due to consultation on public land ownership. 240 square meters prior to I, which was owned by the network G, was divided into 560 square meters and J 23 square meters on November 23, 2007. On the same day, the transfer registration of ownership was completed under each of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures for the Acquisition of Ownership”) and each of the State’s ownership was completed under each of the following circumstances:

3) On the other hand, on March 3, 1982, in H 7,412 square meters, which was owned by the Plaintiff, the ownership transfer registration was completed on the said K’s land under the Defendant B’s name on March 29, 1988, and the said land was replaced with the land of 4,407 square meters on July 5, 1993. The ownership transfer registration was completed on the said D’s name on March 26, 2004 under the Korea Agricultural and Rural Infrastructure Corporation Act and Defendant C’s name on the same day on the same day on December 27, 2005. The ownership transfer registration was completed on the said D’s land in the name of Korea Agricultural and Rural Infrastructure Corporation and on the same day on the same day on December 27, 2005.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is as follows: Defendant B, on November 23, 2007, under the former Act on Special Measures concerning H, I, and J land.

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