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(영문) 서울고등법원 2017.05.18 2016나2012258
부당이득금
Text

1. The judgment of the first instance, including a claim that the Plaintiff changed as an incidental appeal at the trial, is as follows.

Reasons

1. The basic facts were partitioned into C’C’s “ownership, 548 square meters before D’s 548 square meters and F’s 768 square meters before D’s 1,316 square meters (hereinafter “C’s 1,316 square meters”) and later divided into:

1) On August 17, 1976, the ownership transfer registration was completed in the future E on the grounds of sale and purchase as of August 17, 1976, and thereafter divided into the following table. 2) F on October 21, 1976, the 768 square meters was re-divided into 217 square meters before F on October 21, 1976 and 204 square meters before G and 347 square meters before H. As above, the 217 square meters before divided into F on April 28, 1980 (717 square meters) was re-divided into 429 square meters before F on April 28, 1980 and 288 square meters before B (hereinafter “the instant land”). The ownership was transferred to Seoul Special Metropolitan City on July 23, 1980, and the ownership was changed to Defendant I on August 19, 198.

3) The location and current status of the instant land, which was finally divided after the end, are as shown in the annexed drawing. On August 13, 1976, Division D on August 12, 1976, which was 1,316, and 548 square meters before Division D, which was 301 square meters (93 square meters) before D, 548 square meters before Division D, DJJ 276 square meters before Q 294 square meters before Q 276 square meters before Q 278 square meters, 768 square meters before 768 square meters, 1976, and BY 198,000 square meters before Division A28, 97,000 square meters before Division D, which was 28,000 square meters before Division A, and BY 197,000 square meters before Division A, 374,000 square meters before Division A, which was 97,000 square meters before the end.

On January 19, 1978, the Plaintiff completed the registration of ownership transfer of the instant land on February 22, 1991 due to inheritance by agreement division.

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