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(영문) 서울중앙지방법원 2017.12.06 2016나57269
부당이득금반환
Text

1.The judgment of the first instance shall be modified as follows:

Defendant Republic of Korea shall provide the Plaintiff A, KRW 1626,640, and this shall apply.

Reasons

1. Facts of recognition;

A. The land indicated in paragraph (1) of the Attached List No. 1 (hereinafter “instant land”) acquired ownership under the circumstances of approximately 795 square meters in G of Gyeonggiwon-gun G, and the land indicated in paragraph (1) of the Attached List No. 1 (hereinafter “instant land”) following division, land category change, unit conversion, change of administrative district name, etc. from the said land

2) On April 28, 1926, F succeeded to F’s property upon the death of F, and I died on February 23, 1965 and jointly succeeded to F’s property by J, K and Plaintiff A, a child.

3) However, on March 21, 1996, the Defendant Republic of Korea completed registration of initial ownership relating to the instant land No. 1 (hereinafter “Defendant Republic of Korea”). Plaintiff A filed a lawsuit against Defendant Republic of Korea for the cancellation of registration of initial ownership relating to 6/8 shares out of the instant land No. 1 (hereinafter “Defendant Republic of Korea”) with Seoul Central District Court 2014GaGa75651 (hereinafter “Seoul Central District Court”). On October 8, 2014, the said court sentenced Plaintiff A to the effect that “the Defendant Republic of Korea shall implement the procedure for registration of cancellation of registration of initial ownership relating to 6/8 shares out of the instant land No. 1 (hereinafter “instant judgment”), and the registration of cancellation was completed on November 28, 2014 with respect to the instant land No. 1 as it becomes final and conclusive.

B. Section 2 of the Attached List No. 1) L acquired ownership under the circumstances of No. 479 square meters in Suwon-gun, Suwon-do. However, the land indicated in Section 2 of the Attached List No. 2 (hereinafter “instant land”) following division, land category change, land size conversion, administrative district name change, etc. from the above land.

2) On April 24, 1953, L was divided and succeeded to L's property solely by O.O. On December 5, 1960, the two South Korean P died and succeeded to L's 86/221 of L's property.

3) However, on April 3, 1996, Defendant Republic of Korea completed registration of ownership preservation on the land of this case No. 2. P. 4).

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