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(영문) 수원지방법원성남지원 2015.07.07 2014가단11672
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Before the partition that was owned by G, the land of H 1,788 square meters was divided into 513 square meters of I forest, 513 square meters of J forest, 659 square meters of J forest, and 234 square meters of the instant land on June 14, 201, and the said H was divided into 382 square meters of forest.

B. The instant land was classified as a forest and field, and was changed to a road on July 21, 2009, and acquired ownership on the instant land owned by the Plaintiff on August 2, 201, on the ground of public sale on August 2, 2011.

C. Defendant B completed the registration of ownership transfer for reasons of sale on November 29, 2007, with respect to Gwangju City I (the land category on January 18, 201, changed from “forest”) owned by G, on November 29, 2007, and completed the registration of ownership transfer for each of the above buildings on the said land on January 11, 201.

Defendant C completed the registration of ownership transfer on March 24, 2008 with respect to Gwangju CityJ (the land category on January 15, 2013, changed from “forest to “the site”) owned by G, for sale on March 24, 2008, and completed the registration of ownership transfer on March 5, 2008. The registration of ownership preservation on the said land and K newly constructed a house on January 30, 2013.

E. Defendant D completed the registration of ownership transfer on June 12, 2009 with respect to Gwangju City M (the land category on July 21, 2009, from “forest”) owned by L for sale on June 12, 2009, and completed the registration of ownership transfer on the said land. Defendant D newly constructed a house on the said land and completed the registration of ownership preservation on July 14, 2009.

F. Defendant E completed each registration of transfer of ownership based on the purchase and sale on July 5, 2012, on the O and its ground ( October 2, 2003, the date of completion of construction) owned by N in Gwangju-si, Gwangju-si, and its ground.

G. The instant land is adjacent to Gwangju City I, J, M, andO, as shown in the attached Form, and the Defendants used the instant land as a passage connected to their meritorious services.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1-4, and 8 (which include each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

(a)the Parties;

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