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(영문) 수원지방법원 평택지원 2021.02.04 2020가합11362
부당이득반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 20, 1997, the Defendant: (a) sold the land owned by the Defendant for KRW 652,745,00 of the purchase price (hereinafter “the first sale contract in this case”); and (b) on May 15, 1997, the Plaintiff completed the registration of transfer of ownership due to purchase on April 30, 1997, for KRW 312 square meters and KRW 492 square meters; (c) on March 6, 2007, the two land was merged into KRW 804 square meters and KRW 10,865 square meters and KRW 65 square meters (hereinafter “the first sale contract in this case”); and (d) on March 6, 2007, the Plaintiff sold each of the instant land under the name of KRW 16,100 and sold each of the instant land to the Plaintiff for KRW 16,100,000 (hereinafter “the ownership of each of the instant land”).

4) Meanwhile, at the time of the date of the conclusion of the instant sales contract, C reselled the said G’s 10,865 square meters to J and 16 persons, and the Defendant, based on C’s unregistered resale, completed the registration of the transfer of ownership for the said G’s land to the 16 persons, both J and 16 on May 21, 1997 and July 11, 1997.

Since the above G land was divided into G, K, L, M, and N land on October 7, 1997 (hereinafter “the first division”), it was re-divided several occasions (hereinafter “the land of this case 2”). 5) The original land of this case 1 and 2 were originally designated as a land transaction permission zone on March 16, 1996 from March 17, 196 to March 16, 199, but was released from land transaction permission zone on January 1, 198.

B. The Defendant filed a lawsuit and filed a subsequent lawsuit 1) The registration of the transfer of ownership completed in the name of the Plaintiff with respect to the instant land No. 1, and the registration of the transfer of ownership completed in the name of J and 16 as to the instant land No. 2.

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