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(영문) 서울중앙지방법원 2016.04.08 2015가단5084480
부당이득금
Text

1. The plaintiff (Counterclaim defendant) shall attach attached Form 1 to the defendant (Counterclaim plaintiff) among each real estate listed in the attached real estate list.

Reasons

1. Basic facts

A. On March 18, 1932, the registration of ownership transfer was completed in the name of H on March 18, 1932 with respect to the 1,382 Guide G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G in

B. The G land before the said subdivision was partitioned on July 11, 1960 and was subdivided into J land and 53, 431, K land, 143, 36 square meters into L land, 36 square meters into M land (attached Form No. 1), 665 square meters into N land, and 54 square meters into O land (the real estate listed in Section 2 of the same Schedule) respectively.

(hereinafter referred to as "divided lands"). (c)

I died on April 27, 1961.

The Plaintiffs, as the grandchildren or children of I, completed the registration of transfer of ownership due to inheritance by agreement and division on April 25, 1961 with respect to each share in the attached inheritance shares list among the respective real estate listed in the attached real estate list on July 18, 2012 (hereinafter “each of the instant real estate”).

On the other hand, the Cheongdo Farmland Improvement Cooperatives established a P reservoir around 1967, incorporated the land of this case, including each of the real estate, into the site of the reservoir, and used each of the real estate of this case as the site of the reservoir until now.

E. On April 12, 1975 with respect to the divided land, the registration of ownership transfer was completed in the name of Cheongdo Farmland Improvement Association as to the remaining four parcels except the real estate of this case, such as the registration of ownership transfer was completed in the name of Cheongdo Farmland Improvement Association.

F. The Defendant comprehensively succeeded to the rights and obligations of the Cheongdo Farmland Improvement Association.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, entry of Eul evidence 1 and 2 (including provisional number), the purport of whole pleadings

2. According to the above facts of recognition as to the main claim, the defendant, barring special circumstances, occupies and uses each of the real estate of this case as a reservoir site. Therefore, the defendant is obligated to return the profits equivalent to the use of the real estate of this case to the plaintiffs, the owner of the real estate

3. The defendant's defense and.

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