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(영문) 광주지방법원 2014.12.03 2013나51595
부당이득금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Text of the judgment of the court of first instance;

Reasons

1. Basic facts

A. On July 25, 1983, the registration of ownership transfer was completed in the name of the plaintiff E on the ground of the co-owned property partition on the land listed in the separate sheet Nos. 1 through 4 (hereinafter referred to as the "land Nos. 1 through 4 in each paragraph) as of July 25, 1983

(The each land described in paragraphs (1) and (3) of this case is divided from 8,454 square meters of G road in Nam-gu, Nam-gu, Gwangju, about June 5, 2012, but is deemed divided from the beginning for convenience).

With respect to one fifth of the land in the instant case, the ownership was changed to a joint ownership registration by the Gwangju District Court No. 19502 on June 25, 1987 on the ground of a contract of change on March 23, 1987. After that, on the ground of error in the application, the ownership was changed to the plaintiffs as of December 4, 2009 by the above court No. 223851, Dec. 4, 2009, and after the withdrawal and withdrawal agreement of the joint owners, the registration of change of ownership was terminated as of March 5, 2010 by the above court No. 35285, which was received on March 5, 2010.

C. On May 23, 1987, the registration of ownership transfer was completed on May 25, 1987 by the Plaintiff, C, B, and D’s joint ownership transfer on the ground of sale and purchase on May 23, 1987. After that, the registration of ownership transfer was completed on May 25, 1987 by the Plaintiff, C, B, and D’s joint ownership transfer on the ground of error in the application. The registration of ownership transfer was completed on March 5, 2010 on the ground of the above court’s correction of ownership on December 4, 2009 by the Plaintiffs as of December 223853 on the ground of error in the application.

Land Nos. 1 to 4 of this case was newly established in order to be designated as a planned site for urban planning facilities (road) of Category 2 to 84 of the width of 15 meters, the determination of urban planning facilities (road) of Category 2 to 302 of the width of 8 meters, and the determination of urban planning facilities (road) of Category 2 to 304 of the width of 8 meters, and the land category on the registry becomes a road.

E. Of the land No. 3 of this case, the part, excluding the part in sequence connecting each point of Section 1, 2, 3, 4, 1, 1, 3.

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