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(영문) 춘천지방법원강릉지원 2020.04.07 2019나32481
부당이득금
Text

1. The plaintiff's primary claim added by this court is dismissed.

2. The plaintiff's appeal is dismissed.

3...

Reasons

1. Facts of recognition;

A. The ownership relationship of each land indicated in the separate sheet 1) The land indicated in the separate sheet 3,465 square meters (hereinafter “one land before the instant partition”) owned by the Plaintiff on the land listed in paragraph (1) of the attached Table 1.

On September 24, 1974, the registration of ownership preservation was completed under the name of Dong G on January 7, 1983, and the registration of ownership transfer was completed under the name of H on February 15, 1989 on the ground of inheritance by agreement division. The plaintiff filed a lawsuit against the owner of one land before the division of this case against the other successors of H and Dong G on the ground of 89No3065, Gangnam Branch Branch Office of Chuncheon District Court, Gangwon Branch Branch Office of 89No3065, and on October 13, 1989, the above court ordered the registration of ownership preservation and the cancellation of transfer registration of ownership concerning one land before the division of this case to perform the procedure of registration of ownership preservation and the transfer of ownership registration before the division of this case. Since the above judgment became final and conclusive on December 21, 199, the plaintiff completed the registration of ownership preservation on the land before the division of this case on December 12, 199.

(2) On December 7, 2010, the land category of the above land was changed from forest and field to road. (2) On December 3, 2013, the Plaintiff is the owner of the land specified in attached Table 2 (hereinafter “instant land”).

B. The Defendant, in 1988, extended access roads installed in front of B University located in Gangseo-si, Chungcheongnam-si (hereinafter “instant road extension works”). The road construction works in question are the following: (a) the transfer of land into road sites and compensation consultation; and (b) the Defendant:

On May 8, 1989, H was notified of a plan for compensating for losses to a person who was the owner on the registry at the time of the implementation of the plan as to the 1,712 square meters of the land before the instant partition and the 1,712 square meters of the land and the 1st, general graves, 1, 1, 1, 1, 1, 1, 2, 2, and 1,200 square meters of the land before the instant partition.

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