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(영문) 서울중앙지방법원 2016.06.09 2015나63595
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The judgment of the court of first instance that states the cited part in this part

1. Fact-finding.

paragraphs to B. B.

The judgment of the court of first instance is held as follows:

1. Fact of recognition;

(c).

subsection (1)

(f) The judgment of the first instance court, which added “Evidence No. 32-1, 2, and 18 of the A” to the grounds for finding the facts and added “Evidence No. 32-1, 2, and 18 of the A.

2. Of the 11th page and the 12th page of the judgment column, the presumption of possession of real estate can be reversed only where the State without permission is deemed to possess real estate owned by others at the time of commencement of possession, and the presumption of possession of real estate can be reversed only where the State without permission is deemed to have occupied real estate owned by others at the time of commencement of possession, and where the State can recognize that the possession without permission was without permission (see, e.g., Supreme Court Decision 2009Da81517, Jan. 28, 2010). The part of the judgment of the first instance court is added as to the real estate of this case by adding the following grounds: (a) where the ownership of land is acquired through service by public notice in lieu of consultation under Article 6 of the above Act; (b) where the requirements of service by public notice are not satisfied or the acquisition by public notice is invalidated due to its illegality, such as the violation of the procedure of service by public notice as stipulated in Article 14 of the Enforcement Decree of the Public Special Act (repealed).

2. H.

1) The claim in paragraph (a) is identical to the statement on the grounds in each corresponding part of the other, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act. The facts of recognition 1.

A. The network R completed the registration of ownership transfer on October 3, 1930 with respect to one real estate listed in the separate sheet (hereinafter “real estate No. 1”) as to the 1 real estate on September 10, 1930 on the ground that it was sold on September 10, 1930, under 18786 received on October 3, 1930, and sold on October 30, 1929 with respect to 2 real estate listed in the separate sheet (hereinafter “the instant real estate No. 2”).

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