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(영문) 대법원 2018.04.24 2015다22113
부당이득금 반환
Text

The judgment below

The part concerning the main lawsuit is reversed, and that part of the case is remanded to the Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Upon filing an application for annexation of the land No. 1 and the land No. 2 owned by the Plaintiff, the competent authority registered the area after annexation of the land No. 1 and the cadastral map of this case on August 12, 1986 on the ground that the land No. 2 was combined with the land No. 1 and the cadastral map of this case on August 12, 1986, and registered cancellation and closure on the land cadastre and cadastral map of this case on the ground that the land No. 2 had been registered. Under the circumstance that the Plaintiff constructed the housing of this case on the land No. 1 and completed the registration of ownership transfer on February 5, 1987 after the Plaintiff constructed the housing of this case on the land No. 1 and the land No. 2, which were the object of this case, on the land No. 1 and the housing of this case, the lower court determined that the land sale price of this case, which was lawfully registered on the land No. 1 and the land No. 2, which was the object of this case’s sale under the registration No. 1 and the title No. 2. 9.

2. However, it is difficult to accept the above determination by the lower court.

The defendant above.

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