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(영문) 전주지방법원 2020.07.15 2019나8736
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant, and 1.2.

Reasons

1. Determination on the cause of the claim

A. 1) On April 30, 1914, land B in Kim Jong-si was assessed by C on April 30, 1914, and the land listed in paragraph 1 of the attached Table No. 1 (hereinafter “instant land”).

) The land was divided into Kim Jong-si B on October 16, 1934, and the land category was changed from the answer of October 18, 1934 to the road, and on May 16, 1946, the registration of ownership preservation was completed in the future C on May 16, 1946. 2) The D land in Kim Jong-si completed the registration of ownership transfer for reasons of sale as of December 25, 1931, and the land listed in paragraph 2 of the attached Table (hereinafter “instant land”) was divided into Kim Jong-siD on October 16, 1934, and was changed from October 18, 1934 to the road.

3) E filed a lawsuit with the Jeonju District Court 2010Da38870 (C) to seek the registration of ownership transfer for reasons of “the purchase of the instant land Nos. 1 and 2 from G to Y,” and the judgment accepting the Plaintiff’s claim from the above court on May 13, 201, and the above judgment became final and conclusive as it is. The instant land Nos. 1 and 2 were F and 10, on April 20, 1954, on the ground of inheritance of the property of the public on December 12, 1954, and completed the registration of ownership transfer for reasons of sale on the land of the public on April 16, 2015 (the final judgment of the Jeonju District Court 2010No3870), and the Defendant completed the registration of ownership transfer for reasons of sale on the land of the public on April 16, 2016, on the ground of the sale on the land of the public on December 16, 20196.

5. As to the land No. 1 of this case, the sum of the rent from June 3, 2016 to June 2, 2019, the Plaintiff acquired ownership by full payment of the purchase price. 1,352.

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