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(영문) 서울고등법원 2015.04.16 2013나76057 (1)
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On September 5, 2005, the Plaintiff was divided into 32,430 square meters of the Plaintiff’s land in Gyeonggi-gu, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun (hereinafter “instant land”). On November 10, 2005, the Plaintiff: (a) on December 5, 2007, the said C forest 2,933 square meters was converted into H 2,898 square meters; (b) on December 11, 201, the Plaintiff was divided into H forest 1,626 square meters, I forest 1,024 square meters, and J forest 248 square meters (hereinafter “the instant land”); (c) on December 11, 2013, the Plaintiff acquired the instant land and KRW 32,430 square meters; and (d) on December 5, 200, 300 square meters of the instant land owned by the Plaintiff; and (c) on December 30, 2000 square meters of the instant land.

B. Accordingly, the Plaintiff paid KRW 300,000,000 on September 22, 2005, and KRW 250,000,000 on September 26, 200, respectively, to the Defendant.

C. After that, on September 28, 2005, with respect to the portion of 165,290/266,083 out of the land of this case, the registration of ownership transfer was completed on September 27, 2005 on the part of the Plaintiff and the remaining portion of 100,793/266,083 in the future of the Defendant, respectively.

However, with respect to the share in the above defendant's name 9,918/266,083, which is a part of the share in the above defendant's name, each ownership transfer registration was completed in sequence on February 14, 2006, and May 28, 2010.

E. On March 23, 2006, the area of the instant land was corrected to 274,00 square meters. On the same day, the area of the instant land was adjusted to 9,201 square meters for D forest in Hongcheon-gun, M forest 9,916 square meters, 14,210 square meters for N forest, 18,878 square meters for P forest, 15,064 square meters for Q 17,855 square meters, 14,452 square meters for R forest, 26,820 square meters for C forest, 26,820 square meters, 21,164 square meters for forest, 13,436 square meters for U, 13,440 square meters for forest, 20, 20, 13, 216 square meters for forest, 20, 625 square meters for forest and forest, 251, 213 square meters for forest and forest land.

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