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(영문) 서울북부지방법원 2014.07.08 2013가단103145

청구이의 및 소유권이전등기말소

Text

1. The Defendant’s decision on recommendations for the return of unjust enrichment against the Plaintiff by Seoul Northern District Court 2013 Ghana547.

Reasons

1. Facts of recognition;

A. (1) On January 19, 1939, the land, which was owned by Japan during the Japanese colonial era, was reverted to the Republic of Korea. On January 19, 1939, the land was classified into E Land Partitioned Zone No. 2,04, and was designated as the land substitutioned. On October 5, 1967, 10 lots of 10, such as Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and 20,04.1,04.1 (hereinafter referred to as the “land substitution”) including the former 2,04.1,04.1 (hereinafter referred to as “after the land substitution”) were finalized on October 5, 1967.

(2) Before around 1955, the said land readjustment project was actually completed and the completion period is postponed. From around 1954 to the date of the said land substitution determination, Korea, from around 1954, to 22 interested parties, including Nonparty H, the remainder of the land substitution plan, excluding the portion to be used as public land, such as roads, in the land substitution plan, was specified and sold to them. However, due to the relationship where the land substitution determination is not made, the ownership transfer registration was made to the purchaser by means of the share transfer registration in proportion to the total area of the land before the land substitution.

(3) Each owner occupied and used each specific part of the land purchased from the Republic of Korea as a site for a building, etc. After the land substitution becomes final and conclusive, the ownership transfer registration for each specific part of the above was transferred to each owner’s share on the land register prior to the land substitution. In the case of sale and purchase, the ownership transfer registration for each specific part of the above land was completed after the land substitution was made in the form of shares

B. On October 20, 1954, the Plaintiff’s land acquisition process, etc. (1) Nonparty H identified approximately 30 square meters of the land scheduled for substitution from the Republic of Korea on October 20, 1954, and for reasons as seen earlier, on the land before replotting.