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(영문) 서울중앙지방법원 2019.01.15 2017나74742
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is the plaintiff Gap's attorney-at-law B, 11,801,800 won.

Reasons

1. Basic facts

A. As a result of the land survey project conducted during the 625 Incident and the registration of transfer of ownership for preservation of ownership before the 625 Incident, the land survey project conducted in the Japanese colonial era was assessed against Gyeonggi-gun C, Gyeonggi-do, 713 square meters, and F, 869 square meters adjacent to the above land. 2) At the time of the above land situation, each of the above land was constructed through a road. Accordingly, C was divided into G paddy-gun, 67 square meters, and H land. E land was divided into 67 square meters in G, and 713 square meters in J-Y, and 77 square meters in J-Y, and the parcel number was not set at the part where each of the above land was constructed.

3) D, the assessment title of the land C, completed the registration of initial ownership on May 31, 1916, G, G, 667, and F, the assessment title of E land, completed the registration of initial ownership on December 16, 1920, as to F, the first return 713 and JJ return 77. (4) The father K of G, the assessment title of E land, completed the registration of initial ownership registration on February 16, 1920, as to G, 67, I return 713 and J return 77 (hereinafter referred to as “land purchase”) on February 1, 1934 through February 1, 194.

(b) Restoration of cadastral records, partition of land, and lapse of registration of ownership preservation of L after an incident 625;

6. On March 20, 1953, the cadastral record of the purchased land was destroyed and lost at the time of the disaster, and the restoration thereof was made, and the G 67 level was divided into G 651 level and AC 16 level (the same day was changed to a road, and the land category was later converted to a road; 3 real estate was converted to a unit of area). ② I 713 level were divided into I 686 level and AH 27 level (8 real estate stated in the attached Table), and ③ J 7 level was divided into J 31 level and M 46 level.

2) Following the subsequent conversion into the area, division into several parts, and partial change of land category, G 651 square meters, G 403 square meters, AL 660 square meters, and AD 23 square meters (after the change of land category into “responding” in the attached list), AE road 7 square meters (attached Form 5 real estate recorded in the attached list), and AI road 379 square meters (aB lot number after the date).

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