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(영문) 울산지방법원 2014.08.22 2014가단50899
부당이득금반환
Text

1. Defendant Ulsan Metropolitan City North Korea: KRW 570,766 to Plaintiff A, KRW 7,324,364 to Plaintiff B, and each of them.

Reasons

1. Facts of recognition;

A. Plaintiff A shared with Plaintiff B and four others with a size of 502 square meters (hereinafter “1 real estate”) and E miscellaneous land of 1037 square meters (hereinafter “2 real estate”) prior to Ulsan Metropolitan City, Chungcheongnam-gu, Ulsan Metropolitan City. The Plaintiff was solely owned on February 16, 1990 on the ground of partition of co-owned property.

B. Plaintiff B shared 1653 square meters in the north-gu Seoul Metropolitan City, Ulsan Metropolitan City (hereinafter “third real estate”) with Plaintiff A and four others. The reason for partition of co-owned property was that it was owned solely on February 16, 1990.

C. From among the real estate 1 which had been used as a road prior to the plaintiffs' sole ownership (it appears that it had been already provided as a road around the time when G Road Packing was conducted in around 1970), the portion of "10 square meters" in the attached Form 7, 6, 5, 50, and 7 (hereinafter referred to as "one possession portion"), among the real estate 2, the portion of "10 square meters" connected with each of the items of "6, 68, 15, 14, 61, and 62 in sequence 65 square meters (hereinafter referred to as "second possession portion"), among the real estate 3 real estate, the portion of "10 square meters" in the attached Form 62, 7, 8, 30, 31, 32, 34, 35, 31, 34, 36, 314, 361, 37, 41, 30, 47, 415.

Since the Defendant Saemaul Association acquired on April 7, 1987 the area of H 212 square meters adjacent to the real estate 1 and 3 and newly built a community hall on the ground on or around September 1993, it had been 10 square meters in that portion among the real estate 1, connecting each point of the attached Form 57, 56, 71, 4, 3, and 57 in sequence, among the real estate 1, with 10 square meters in the same drawings (hereinafter referred to as the “fourth-owned portion”), and the same drawings connected each point of 47, 48, 51, 52, 53, 54, 55, and 47 in sequence (hereinafter referred to as “five-owned portion”), and the same drawings are indicated, 49, 50, 71, 56, 54, 54, 54, 54, 58, 54-1, 54, 54, 57

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