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Reasons
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(영문) 의정부지방법원 2013.09.27 2012가단34696
부당이득금반환
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1. The Defendant’s KRW 43,123,960 for the Plaintiff and KRW 5% per annum from May 31, 2013 to September 27, 2013.

Reasons

1. Facts of recognition;

A. On April 17, 1984, the Plaintiff acquired ownership of the area of 94 square meters prior to B in Yangyang-si (hereinafter “1 land”) and acquired ownership of the area of 94 square meters prior to B (hereinafter “3 land”) on July 27, 1990; ② on August 5, 1989, the Plaintiff succeeded to the area of 191 square meters in C orchard (hereinafter “road”; hereinafter “2 land”); and ③ on December 30, 1985, the Plaintiff acquired ownership of the area of 86 square meters in D, 86 square meters (hereinafter “3 land”) and the area of 22 square meters in E (hereinafter “4 land”).

B. However, since before the Plaintiff acquired the ownership of land 1 through 4, each of the above lands was offered to the general public as a road situation, and is now assigned to an urban planning road.

(However, some of the lands in 3 and 4 seems to be excluded from the site of urban planning road).

Meanwhile, among the land 2, the portion of "B" in the attached Table 1, 15, 16, 17, 18, 19, 8, 9, 10, 11, 12, 13, 14, and 1 of the attached Table 1 among the land 2 is actually being used as a road, but the portion of "B" in the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 21m2 of the "A" connected in sequence with each of the items of "A" in the same order.

And 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 15, "inboard connected each point in sequence," "part 33 square meters or less of land".

(d) Any building on the adjoining land.

In addition, "B" portion of "B" in the third land, which is not more than 52 square meters connected with each point of 4,3,5,6,7,8, and 4 among the third land in sequence, is "B".

Section 3, 5, 6, 18, 19, and 3 of the land set forth in Section 4 are "the part of the land set forth in Section 4" and "the part of the land set forth in Section 4".

“A” portion of “C” in the third land, which is not more than 16m2 in the order of each point of 6,7,8,13, 12, 11, 10, 9, and 6 among the third land.

and 6,000 of land 4.

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