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(영문) 부산지방법원 2018.07.10 2016가단329404
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On April 26, 1963, the title of the real estate indicated in paragraph (1) of the No. 1 (hereinafter referred to as “No. 1”) was acquired by Non-Party Qdong in Busan (hereinafter referred to as “ Qdong”) and the ownership of the real estate was divided into 103 square meters from the real estate.

After that, on May 21, 1974, the deceased joined the real estate of U No. 172, V return No. 468.8, W return No. 2 in order to create a housing site, thereby owning T return 745.8 square meters (hereinafter “the land No. 1 before the instant subdivision”).

The land No. 1 before the instant subdivision was divided into T Order 303.3, X Order 28.3, Y Order 49.1, Z Order 48.7, Z Order 184.7, O Order 72.1, AB Order 59.6, respectively, and the ownership transfer registration under the deceased’s name was completed on June 19, 1974.

Then, the category of the O land was changed from “the answer” to “the road,” and the remaining six parcels were changed from “the answer” to “the site.”

Applicant From June 19, 1974, the deceased began to sell 161m2 to Nonparty AC on June 19, 1974, Tant 303m2, and finally sold to Nonparty AD and two other parties on June 29, 1978, the remaining land except for the first road was sold to the third party.

B. On May 25, 1974, the real estate as indicated in paragraph (2) of the No. 2 of the title indicating attached real estate (hereinafter “No. 2”) was divided and disposed of real estate (i.e., AE large 232.3 square meters) was jointly substituted by the Deceased and Nonparty AF. However, the deceased was transferred Nonparty AF’s share as of June 8, 1974.

After that, on June 21, 1974, the Deceased owned AE large 731.6 square meters (hereinafter “the second land before the instant subdivision”) by combining AG large 499.3 square meters (the deceased’s land substituted by the deceased as of May 29, 1974) into AE large 232.3 square meters.

Before the instant partition, the land Nos. 2 prior to the instant partition is AE v. 54.4, AH v. 32.8, AI large 39.5, AJ large 58.0.

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