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(영문) 춘천지방법원원주지원 2015.08.13 2015가합89
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. The plaintiffs are children of the deceased P (the deceased on February 26, 1996, hereinafter "the deceased"), and the defendant is the denial of the deceased's net Q (the deceased on July 12, 1992) and the deceased's replacement.

B. 1,653 square meters [1,653 square meters prior to G on November 28, 2012 (hereinafter “instant real estate”) prior to the subdivision, which was owned by the network I, shall be deemed as “the instant real estate”).

(2) The real estate of this case shall be 25 square meters and H roads (hereinafter “instant real estate”).

On April 1, 1974, the transfer registration of ownership was completed in Q Q Q in the net on the grounds of sale as of March 29, 1974.

C. The Plaintiff’s 2,291 square meters [the Plaintiff, Sept. 30, 2003 and May 24, 2013 (hereinafter “instant real estate”) shall be the Plaintiff’s 574 square meters (hereinafter “instant real estate”).

(4) The real estate of this case is referred to as the “real estate of this case”).

(5) The real estate of this case is 1,387 square meters prior to L (hereinafter “instant real estate”).

On March 16, 1974, the transfer registration of ownership was completed in Q Q Q in the net on the grounds of sale as of March 16, 1974.

The registration of ownership transfer was completed on June 11, 1968 with respect to 605 square meters in U.S. (hereinafter “the instant real property”) owned by the network T on the ground of sale on January 25, 1968, and the registration of ownership transfer was completed on July 19, 1984 with respect to 5 square meters in V, which was owned by the network T (hereinafter “instant real property”). The registration of ownership transfer was completed on the ground of sale on January 25, 1968.

E. As the net Q died on July 12, 1992, the Defendant completed the registration of ownership transfer on October 24, 1994 regarding the instant real estate (hereinafter “each of the instant real estate”) by agreement and division, based on inheritance.

F. On June 24, 2013, the Defendant completed the registration of ownership transfer with respect to the said real estate to Plaintiff B on June 24, 2013.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, 7, and 8 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is as follows.

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