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(영문) 수원지방법원안양지원 2020.11.26 2019가단108969
부당이득금
Text

1. The defendant against the plaintiff A,

(a) 5,885,040 won and 12% per annum from May 8, 2020 to the date of complete payment.

Reasons

Facts of recognition

The land listed in paragraph (1) of the annexed Table 1 of the land of this case (hereinafter “instant land 1”) was divided into the Ethical 73 square meters, F large 29 square meters, and G large 3 square meters on November 4, 1922, and the Ethical 73 square meters was subdivided into the land of this case and H large 45 square meters on November 1, 1976.

Plaintiff

A on October 18, 1978, purchased the land of this case and the land of this case and the land of this case, and completed the registration of ownership transfer on October 18, 1978 for each of the above real estate on December 30, 1978.

The land No. 1 was a house on the original ground, and the land category was changed from the land to the road on October 19, 1978 due to the existing road expansion work promoted from around 1977, and around that time, it was incorporated into the road, and has been used as a road until now.

On November 10, 1923, 1923, the land category of the instant land No. 2 was changed to a road on the same day, and the land category of the instant land No. 2 was changed to a road on the same day.

L completed the registration of ownership transfer on December 24, 1923 with respect to the land of this case No. 2 and the land of this case 102 square meters on December 21, 1923. The above K land was sold to Nonparty M on August 26, 1937, and the registration of ownership transfer was completed on May 28, 2008 by Plaintiff B on March 15, 1961.

The land No. 2 of this case was recorded as N, etc. in the Gyeongsan-Gun area published in 1933, and it was used as a road to be recorded in the 1938 Joseon-do area, including the fact that the local highway was approved and announced under the Joseon-do Decree in 1938, and it was used as a road until now after completing the packing maintenance work following the modification of the O business design.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul Nos. 1, 2, and 3 plaintiff A appears to be a draft of official document and a formal document.

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