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(영문) 서울서부지방법원 2018.01.23 2017나35551

부당이득금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. A. Around December 1969, the Plaintiff’s attached B purchased from the Republic of Korea “83 square meters prior to Seodaemun-gu Seoul (hereinafter “pre-division”)” and acquired ownership after completing the registration of ownership transfer on June 28, 1975.

B. The land before subdivision is annexed to August 8, 1975

2. As shown in Appendix I, ① the Seoul Seodaemun-gu 22 square meters, and ② the attached Form

1. A list of land (However, at the time of subdivision, the size was registered as “18 square meters”; hereinafter “the instant land”); ③ Division was divided into four pieces: D 14 square meters, and 4 square meters, Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seoul, and D 29 square meters, and among which the instant land and E land category was changed to “road”;

(hereinafter referred to as "the Seodaemun-gu Seoul Fdong" is omitted, and only the lot number is specified. (c)

On August 5, 1976, G sold “D preceding 14 square meters” to G on August 5, 1976, and G changed the category of “D preceding 14 square meters” into “large” around October 1977, and newly constructed a building on the ground that was connected to the said land on November 10, 197, after which G changed the category of “D preceding 14 square meters into “large”.

2) B resided in the “C preceding 22 square meters” ground, and sold “C land and its ground building” to I on August 6, 1985 after changing the land category into “T” in around 1981, and then dividing the land before subdivision into four parcels, and land category of the instant land and “E road” changed to “road” along with the land category changed to “road” on April 19, 192. < Amended by Presidential Decree No. 17173, Feb. 28, 2001>

4. From the late 1990s, the Defendant: (a) obtained “E road” from the Plaintiff on March 16, 2001; and (b) combined the “E road” with “E road 1738 square meters” owned by the Defendant; (c) accordingly, the “E road” became part of the “K” owned by the Defendant.

5. Meanwhile, “C preceding 22 square meters” transferred by B to I is subsequent to the said land on January 17, 2002.