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(영문) 대구지방법원 2018.08.10 2016가단123676

부당이득금

Text

1. On November 25, 2016, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) regarding each real estate stated in the separate sheet.

Reasons

Facts of recognition

Attached Form

Since around November 2, 1965, around 2, 1965, the land category was changed to a ditch, and the land category was changed to a ditch in attached Table No. 1 (hereinafter referred to as “land No. 1”). Since around 2, 1965, around 238, Gyeong-gun B (hereinafter referred to as “B before subdivision”), the land category was changed to a ditch. Since then, through conversion of area and change of administrative district, etc., the land listed in attached Table No. 1 (hereinafter referred to as “

With respect to the land B before subdivision, around May 21, 1960, the registration of transfer of D’s ownership was completed on the ground of the completion of repayment on January 30, 1960, and thereafter on December 20, 1965 through E, etc., the registration of transfer of Plaintiff’s ownership was completed on December 15, 1965. As for the land of this case, the registration of transfer of ownership in the Plaintiff’s name was completed on the ground of sale on December 15, 1965.

Attached Form

Around November 2, 1965, the land category of the F Return 53 square meters (hereinafter “F land before division”) of the F Return 53 square meters (hereinafter “F land before division”) was changed into a ditch, G ditch 20 square meters was divided, and the land listed in attached Table 2 (hereinafter “instant land”) was changed through the area conversion, unit conversion, administrative district change, etc. (hereinafter “instant land”).

As to the land No. 2, on December 3, 1959, the transfer registration under H’s name was completed as the cause of the partition of co-owned property on December 26, 1959, and on January 30, 2015, the transfer registration under the Plaintiff’s name was completed as the cause of inheritance due to the division in consultation on March 4, 1976.

The Defendant’s purchase and possession of each of the instant lands conducted a project plan for irrigation facilities, such as irrigation channels and drainage channels, in the Jdong-gu, Daegu-dong, Daegu-gu, in around 1953, and purchased the relevant land including B and F land before subdivision and installed a coastal irrigation line, and has been managed until now.

I. The I.D. purchase of B and F land, K, and L land from D on March 20, 1953.