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(영문) 의정부지방법원 2019.09.06 2016가합50785

부당이득금

Text

1. The plaintiffs' claims against Defendant Korea Asset Management Corporation are dismissed.

2. Defendant Republic of Korea shall be the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Republic of Korea completed the registration of ownership preservation in the name as to the registration of ownership preservation in the name, and as to the 4,208 square meters (hereinafter “second-party land”) prior to D on September 13, 1976, the registration of ownership preservation in the name was completed in accordance with the Ordinance of the Ministry of Government Administration and Home Affairs No. 21417, Nov. 17, 1978, as to the 3,061 square meters prior to C in Yangju-si (hereinafter “first-party land”).

B. Around March 2014, the Plaintiffs agreed with the deceased E’s co-inheritors to have four parcels, including the first, second, and fourth, owned by the Plaintiffs, while holding an agreement on the division of inherited property with other co-inheritors. Since then, the Plaintiffs filed a lawsuit against the Defendant Republic of Korea seeking the cancellation of ownership preservation on the ground that the Plaintiff acquired ownership through the agreement on the division of inherited property, etc., and filed a lawsuit against the Defendant Republic of Korea on the ground that the first, second, and fourth parcels, other than the second and fourth parcels, and that the Plaintiffs acquired ownership through the above agreement on the division of inherited property. The judgment which accepted the Plaintiffs’ claim was finalized as it is.

(The District Court 2014Gahap4726). (c)

After cancelling each registration of initial ownership of Defendant Republic of Korea’s land No. 1 and No. 2 based on the above judgment, the Plaintiffs completed registration of initial ownership on September 22, 2015 as to each of the Plaintiffs’ respective shares under the name of the District Court No. 108903, Sept. 22, 2015.

Meanwhile, with respect to the land No. 1, F Co., Ltd. (hereinafter “F”), G Co., Ltd. (hereinafter “G”) entered into each of the State-owned property loan agreements (hereinafter “each of the instant loan agreements”) with respect to the land No. 2. According to each of the instant loan agreements, the loan charges between F and G during the period from 2011 to 2015, which was paid by F and G, are as listed in the following table of loan charges, and the rent for the land No. 1 and 2 from 2011 to 2015, which was calculated by applying the appropriate law to which the actual transaction was applied, are as listed in the table of rent in the following table.

The second-year rent of land shall be the year.