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(영문) 서울북부지방법원 2013.11.13 2012가합21519

부당이득금

Text

1. The Defendant’s real estate indicated in the attached Table 1 “real estate” from October 10, 2012 to the Plaintiff.

Reasons

1. Facts of recognition;

A. As indicated in the following table, the Plaintiff acquired the ownership of each land listed in [Attachment 1] Nos. 1 through 8 (hereinafter “land Nos. 1 through 8”) (hereinafter “the Plaintiff”) (the Foundation B and the School Foundation C are the names before the change of the Plaintiff’s organization), and the location and nature of each land are indicated in Attached 2.

On January 8, 1963, the date of the registration for the transfer of land ownership on June 28, 1962, the land No. 3 land on June 28, 1962, the date of the registration for the transfer of land ownership. < Amended by Act No. 514, Jan. 8, 1963; Act No. 517, Oct. 8, 1968; Act No. 1508, Oct. 28, 1958>

The land of this case, except the land of this case, and the land adjacent to the land of this case, 1, 4, and 5, Dongdaemun-gu Seoul Metropolitan Government, which is the land adjacent to the land of this case, is used as a road linking the land of Dongdaemun-gu Seoul Metropolitan Government with the entrance of G and H schools, since the land of this case was created by the asphalt-ro around 1968 and contributed to its contribution.

The Seoul Special Metropolitan City(Seoul Special Metropolitan City) performed the IJ Expansion Works on the land adjacent to the third land in 1971, and the third land is used as India until now without the consent of the plaintiff on the third land.

C. Since the enforcement of the Local Autonomy Act on May 1, 1988, the Defendant has occupied and managed each of the instant land as a de facto controlling entity.

When the current status of each land of this case was assessed as a road, the period from October 10, 2007 to October 9, 2012, and the rent as of October 10, 2012 are as listed in the following table:

Land from October 10, 207 to October 9, 2012, 209,029,029,1203,350,350,420 203,3400 37,434,90 120,389,429,400 42,489,400 680,000 5 land 206,579,5603,310,646,800 16,000 7,434,00 120,389,400 42,389,40 680 5,206,310,310,646,80,707,37, 20047, 20047, 2005, 2036,400,300,000

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