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(영문) 서울중앙지방법원 2019.05.29 2017가단5184551

부동산 인도 등

Text

1. Defendant Republic of Korea shall pay to the Plaintiff KRW 71,795,605 as well as its annual interest from October 12, 2017 to May 29, 2019.

Reasons

1. Basic facts

A. On December 15, 1964, Defendant Republic of Korea owned each of the lands of this case. Defendant Republic of Korea owned 1,308 square meters of land for Yung-dong 37-2 Railroad on December 15, 1964 (hereinafter “instant land 1”).

2) The Plaintiff’s 1,927 square meters in the same 39-32 railway site (hereinafter “instant 2 land”)

(3) The Plaintiff’s 39-34 square meters (hereinafter “instant 3 land”) and the Plaintiff’s 39-34 square meters (hereinafter “each of the instant land”) are referred to as “each of the instant land.”

(2) Each of the instant lands was owned by Defendant Republic of Korea (Korea National Railroad), and thereafter, the Plaintiff was established and invested in kind in the Plaintiff on January 1, 2005. On March 14, 2005, the ownership of each of the instant lands was transferred to the Plaintiff on the grounds of the said investment in kind.

B. At around 1969, the Korea Army Academy at Army, a public institution affiliated with the Defendant’s Republic of Korea, built a new door at the end of the first and second land of this case. The two and the three lands in front of the site to be used as the static door and the 39-5 1,835 m2, Seoul Special Metropolitan City, Nowon-gu, which is owned by the Defendant Republic of Korea (hereinafter “39-5 m2”).

(2) On the other hand, the land of this case and the land of this case, each of the land of this case and the land of this case, and the ordinary shape of the roads connected thereto, are as follows. On the basis of the specification indicated in the attached Form 2, the area of the emotional part of the land of this case among the land of this case, and the area of the emotional part of the military academy’s emotional part of the land of this case, 297 square meters in total (i.e., 121 square meters in the land of this case, 176 square meters in the land of this case, and 121 square meters in the land of this case, hereinafter “the emotional part of this case”).

3) The fourth-line road linked to the Army Academy of Korea (hereinafter “instant access road”) shall be referred to as the “instant access road”).

Based on the indication of the attached Form No. 2, part 406 square meters among the land in this case and part 1,345 square meters among the land in this case, and the land in this case No. 3 and 39-5.