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(영문) 울산지방법원 2015.05.13 2014가합18014
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 114,356,616 as well as 5% per annum from September 16, 2014 to May 13, 2015; and

Reasons

Facts of recognition

D’s acquisition of ownership of 1 and 2 real estate before the instant partition is completed on December 21, 1938 with respect to the Ulsan Central District Court Decision 275No. 275 square meters (hereinafter “1 real estate before the instant partition”) and G 344 square meters (hereinafter “2 real estate before the instant partition”).

D (C) On August 10, 1945, the above E purchased the first real estate before the instant subdivision and the second real estate before the instant subdivision, and completed the registration of ownership transfer on September 7, 1945.

Matters pertaining to the change in the first real estate before the instant partition were divided into the following two units: (a) on November 30, 1946, the title of the first real estate before the instant partition was omitted if the administrative district was the same as “Ulsan Jung-gu, Ulsan-gu, 105 square meters (hereinafter referred to as “Ulsan-gu, Ulsan-gu, hereinafter referred to as “the name is omitted; and (b) on November 30, 1946 only the parcel number and land category were changed; (c) B, Dong-gu, Ulsan-gu, 111 square meters (hereinafter referred to as “367 square meters and land category are changed at the same time; and (d) in this case, upon examining the indication in the public record, the said two units are to be mixed); and (c) C, 59 square meters (185 square meters) and the said B, 367 square meters of a ditch was combined with 321 square meters on November 9, 1998.

C 59 square meters (185 square meters) was divided into C 42 square meters and K 17 square meters on April 1, 1957, respectively, and C 42 square meters was divided into C 27 square meters on November 10, 1958, C 27 square meters (89 square meters), L 4 square meters, and M 11 square meters.

Among them, the above C-Y 27 square meters (27 square meters) was divided into a road at the same time, and the land category was changed into a road on November 4, 1987, and it was combined with the N-M 142 square meters on November 4, 1987, and at the same time, Ulsan-gu C-U.S. C-231 square meters (hereinafter “2 real estate”).

The first real estate of this case is reconstructed by the defendant, and is used as a passage for the general public differently from the land category.

Matters pertaining to the change in the second real estate before the instant partition, the second real estate before the instant partition was divided into the following classifications: (a) O 9: J 9; (b) J 97 square meters; (c) J 97 square meters; (d) P 238 square meters; and (e) P 238 square meters.

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