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(영문) 서울동부지방법원 2018.06.20 2017나3811
토지사용료
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. On March 18, 1970, the owners of land in Seongdong-gu Seoul Metropolitan Government Ddong (the administrative district was changed to Ddong after the date of the change) formed the D Land Partition Adjustment Association around 1969, and reported the implementation of the project and implemented the land readjustment project.

B. On June 22, 1972, the network E and F purchased 1/2 shares of all G 399 square meters (hereinafter “land before division”) from Seongdong-gu Seoul Metropolitan Government on June 22, 1972, and completed the registration of ownership transfer based on the said sale on the same day.

C. Thereafter, on July 19, 1972, the net E and F divided the land before G 66, H 66, 87, 57, before J 5, K 41, 50, 50, and 34 square meters before M (hereinafter “after division”) as shown in the Appendix 1, as shown in the Appendix 1. The land before G was 66 square meters as shown in the Appendix 2, 50.7 square meters (16.6 square meters after conversion), 66 square meters before H 66 square meters (16.6 square meters after conversion), 87 square meters before and after conversion into 30 square meters (16.6 square meters after conversion into 167.6 square meters), and 9 square meters before and after conversion into 25 square meters (16.4 square meters after conversion into 94 square meters after conversion into 25.25 square meters after conversion into 3 square meters after conversion into 94 square meters, respectively.

Around that time, the network E and F sold all the remaining land to a third party after the land substitution between 1972 and 1973, excluding “C road 82.6 square meters” among the land after replotting.

E. “C road 82.6 square meters” was divided into C. C. 74.2 square meters on July 5, 2002 (hereinafter “instant land”) and T.8.4 square meters on T. 8.4 square meters on July 29, 2003, which was combined into S. 129.3 square meters and N. 167.6 square meters on July 29, 2003, and became N. 305.3 square meters as shown in attached Form 3.

(f) The network E and F shall share 1/2 of the instant land through the replotting determination procedure.

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