부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Land Survey Division for the Japanese Occupation Period indicated that around 1913, the Defendant’s lighting net D was examined with respect to the land of approximately 4,675 square meters (hereinafter “land before division”).
B. At the same time, each land of E-river 4,447 square meters and F bank 1,907 square meters (hereinafter “each land of this case”) was divided from the land before subdivision and the land category was changed as at present. The State completed the registration of initial ownership on May 7, 1996 for each land of this case.
C. The deceased on June 30, 1920 and the deceased on June 30, 1920 succeeded to Australia by the South-Namnam net G, and the deceased on August 18, 1990, the deceased and the defendant, the original family, succeeded to Australia.
The defendant was partly ruled in favor of Gyeonggi-do that Gyeonggi-do is liable to pay compensation for losses due to the fact that each of the instant lands was incorporated into a river area and nationalized as the Suwon District Court 2009Guhap5009.
E. Regarding the above judgment of the first instance court, Gyeonggi-do filed an appeal (Seoul High Court 2010Nu31500). In the above appellate court, the Plaintiff asserted that “The Plaintiff’s prior owner of the instant land purchased each of the instant land and continuously occupied, cultivated, and transferred all the rights to each of the instant land to the Plaintiff by the heir, i.e., the heir, the heir, and the heir, including the Plaintiff. As such, the Plaintiff participated in Gyeonggi-do as the claimant for genuine compensation for each of the instant land. However, on March 28, 2012, the Plaintiff did not accept the allegation on the ground that the purchase of the instant land was not recognized, and the Plaintiff’s appeal was dismissed.
(Supreme Court Decision 2012Du9749 Decided September 13, 2012). The Defendant received compensation for losses from Gyeonggi-do accordingly.
[Ground of recognition] Unsatisfy, Gap evidence 1-1-3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion is the defendant.