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(영문) 서울중앙지방법원 2017.12.06 2015가단5353865
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s father is B(B).

B was transferred the ownership of each real estate listed in the separate sheet (hereinafter “instant real estate”) before subdivision at the time of Japanese colonial rule.

B. The Plaintiff completed the registration of initial ownership or the registration of ownership transfer for each real estate listed in the separate sheet as follows.

The purport of the whole pleadings is as follows: (a) the date of receipt of real estate (the original district court private registry office) 1; (b) the registration of ownership preservation 3 through 4228, which was received on September 16, 2194, No. 8854, which was received on September 11, 1993; (c) the registration of ownership transfer 12, which was received on September 26, 1994 (No. 4228, which was received on September 26, 1994; (d) the registration of ownership transfer No. 410, Jan. 12, 1995 (No. 414 through 1508, which was received on September 16, 1994 / [based] the absence of dispute; (d) the entry in Gap evidence No. 1, 8, or 10 (including the serial number; hereinafter the same shall apply); and

2. The Defendant, which caused the Plaintiff’s claim, occupies and uses each of the instant real estate owned by the Plaintiff as a road without permission.

The return of unjust enrichment equivalent to the land rent shall be sought.

3. Determination as to the claim on the real estate Nos. 1 through 9 of this case

A. The facts of recognition 1) The ownership was transferred to B on June 27, 1935, to Gyeongcheon-gun D (hereinafter referred to as "ri, Dong only") in Gyeongcheon-gun, Gyeongcheon-gun (hereinafter referred to as "ri, Dong only") in 198.

B) The land category of E was changed from C to E on October 21, 1940. The land category of E on the same day was changed to E on the same day. E on March 8, 1945, the land category of E on the 151st day before F on March 8, 1945 was changed to “Site”. The land category of F on March 27, 1958, the F on 151 to F on 151, was divided into 61, and G was changed to the road. The land category of F on 10 to 90, Apr. 10, 1958, the land category of E on 47, 1940 was changed to that of E on 1940, and the area was converted to that of E on 1940, Oct. 21, 194, and the size was changed to that of E on 47, 1958.

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