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(영문) 의정부지방법원 2020.04.22 2019가단132865

부당이득금

Text

1. The defendant's 2,857,968 won and 2,594,374 won among them to the plaintiff A, and 4,436,847 won and 4.

Reasons

Basic Facts

The former land was divided into P road 152 square meters and Q road 119 square meters (hereinafter collectively referred to as the “former land”) on October 1, 1913 into Ma on the following grounds: (a) on December 14, 1962, the land of this case was registered with N or O on December 14, 1962; (b) on December 31, 1962, P road 82 was divided into 152 square meters; and (c) on February 14, 2004, the land of this case was registered with P road 152 square meters; and (d) on February 31, 1962, the land of this case was combined into 592 square meters (hereinafter referred to as the “former land of this case”).

The Republic of Korea, on August 31, 1991, posted the notice of non-state real estate in the Official Gazette as the notice S that was published on August 31, 1991 with respect to the previous land of this case, and completed the registration of preservation of ownership in the name of the Republic of Korea as the receipt No. 3824, Oct. 27, 192.

T, Plaintiff A, G, H, and I, the heir of M, filed a lawsuit against the Republic of Korea seeking cancellation of the above previous land in this case (Seoul Central District Court 2014Gahap570740), and in the above lawsuit, M was found to have been subject to assessment on the previous land on October 22, 2015, the registration of preservation of ownership in the name of the Republic of Korea was null and void, and the registration of preservation of ownership in the name of the Republic of Korea cannot be deemed to have been completed due to the lack of presumption of cause, and the registration procedure for cancellation of registration of preservation of ownership was declared to the Republic of Korea on November 18, 2016 (Seoul High Court 2016Na2018612). The above judgment was dismissed on November 18, 2016 (Seoul High Court 2016Na2018612).

(hereinafter “The final and conclusive judgment in favor of the Plaintiff”). After the final and conclusive judgment in favor of the Plaintiff, the previous land was divided into 152 square meters and 519 square meters and V roads (hereinafter collectively referred to as “each of the instant lands”) on April 28, 2017 with respect to the land prior to the instant partition, respectively, and the Plaintiffs who inherited M’s property in sequence.