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(영문) 창원지방법원통영지원 2015.04.02 2014가합1603
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. On November 15, 1973, the Plaintiff and the Defendant-related Plaintiff A and the Defendant’s father were killed on November 15, 1973. At the time, the deceased’s heir E (Death, October 8, 2006), the wife F, the son F, the son F, the son F, the son C, the 3nam G, the 2 female Plaintiff A, and the 4 South and North H.

In addition, on June 17, 1978, the Republic of Korea F died on June 17, 1978, there was a wife I and the plaintiff B, a child.

B. The ownership relationship with respect to the instant land 1) The network D is deemed as K 1504 square meters (hereinafter “instant land”).

(2) After November 3, 1978, the Defendant completed the registration of transfer of ownership (hereinafter “instant registration”) on the instant land in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership, etc. (Act No. 3094, hereinafter “Special Measures Act”), which was in force on November 3, 1978, pursuant to the following: (a) L was actually holding several issues of M and N; (b) L was selling the said issues to theO on February 21, 1974 and completing the registration of transfer with the consent of the network D; and (c) thereafter, the Defendant completed the registration of transfer of ownership (hereinafter “instant registration”) on the instant land from L to March 10, 1970.

3) On December 4, 2013, the Defendant: (a) divided the instant land into nine parcels, such as K and Q, at the time of raising the land, and sold all of them to a third party; and (b) completed each registration of ownership transfer to the third party on January 22, 2014. The fact that there is no dispute over the grounds for recognition; (c) the entries in the evidence Nos. 1, 2, and 4 through 6, and the purport of the entire pleadings as a whole.

2. Summary of the plaintiffs' assertion

A. On February 21, 1974, after the death of the network D, L is found and L is expected to transfer the registration of transfer of ownership on the land of this case under the name of L on the ground that L is intended to transfer the registration of transfer of ownership on February 21, 1974, so that the deceased's heir, such as L is able to dispose of his own issues under the name of L, E, etc.

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