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(영문) 대구지방법원 2020.10.21 2020나304336
부당이득금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The classification of land before the instant subdivision was changed on August 6, 1997 to the miscellaneous land in Daegu Northern-gu, 6524.3 square meters, G miscellaneous land, 926 square meters, and 79 square meters in H miscellaneous land (hereinafter “instant land before the instant subdivision”). On May 9, 2008, the said F land was divided into the F miscellaneous land and 6446.3 square meters in E miscellaneous land and 78 square meters in E miscellaneous land; ② the said G land was divided into 687 square meters in G miscellaneous land and 239 square meters in D miscellaneous land; ③ the said H land was divided into 53 square meters in H miscellaneous land and 26 square meters in C miscellaneous land, respectively.

(2) On June 18, 199, the head of the Daegu-gu Northern District District Office issued a public notice of the determination of urban planning facilities (road) and the public notice of the cadastral approval on the land of this case on June 18, 199, on the following grounds: “The land of this case is deemed to be the land of this case after the instant subdivision; “The land of this case is deemed to be the land of this case; 78m2, D miscellaneous land; 239m2, C miscellaneous land; and 26m2,” and “the land of this case after the instant subdivision.” After the instant subdivision, J Co. 2 completed the registration of ownership transfer on the land of this case on March 201, 208, by indicating the land of this case and the land of this case as the land of this case 1 and the land of this case as the land of this case with the land of this case 2 as the urban planning zone after the instant subdivision.

E. After the instant division, J Co., Ltd sold the land No. 2 to the Plaintiff on January 29, 2016, and the ownership transfer registration was completed in the name of the Plaintiff on February 12, 2016.

hereinafter referred to as "the sales contract of this case"

F. The defendant is divided into this case.

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