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(영문) 의정부지방법원 2015.06.26 2014가단13044

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each land cadastre (No. 2, No. 5-3) as to the land listed in the separate sheet No. 2, indicated that AJ acquired the land listed in the separate sheet No. 5 on May 30, 1984. However, in light of each land cadastre (No. 5-2, No. 11, No. 5-2, Jun. 29, 1984, the application for land division as of June 29, 1984, and the application for land category change as of December 13, 1985 (No. 1) as to the land listed in the separate sheet No. 2, AJ appears to be a clerical error as to the land listed in the separate sheet No. 2.

C, D, E, F, and G (hereinafter referred to as “B, etc.”) around October 10, 1983 changed to H (hereinafter referred to as “YY A”) of Namyang-gun (hereinafter referred to as “Namyang-si”) after the administrative jurisdiction was changed on January 1, 1989 and the change of the administrative district name on January 1, 1995; hereinafter referred to as “Namyang-si I”) to create and sell a housing site within the boundary of the J, K, L, L, M, N,O, P, and Q (hereinafter referred to as “number indicated). On October 12, 1983, K, M, N,O, P, P, and Q were combined with each land on the K, S, R, T, V, P, P, and divided into each land with each land on October 17, 1983.

(hereinafter referred to as “the original land of this case” in total of the land of J and merged K. B.

Since then, around May 30, 1984, J, S, X, and Y acquired each land and around June 30, 1984, J land was sold as a housing site, after dividing the land into the land of J, Z, AA, and each land of J, S, and AB (hereinafter referred to as “instant land”); X land into the land of X, A, and AD; X land into each land of X, A, and AF; hereinafter referred to as “Y land”); Y land; and Y land from each land of the instant land, J, AD, and Y.

(E) After that, the land A was integrated into S land on August 13, 2007, and X land on October 27, 2000. At the time, each land other than the land in this case, J, AD, and Y was used as the housing site since the time of land division, and the land in this case and Y land are adjacent to AH, U, V, and AI.