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(영문) 서울중앙지방법원 2013.07.03 2012가단121543
부당이득금반환
Text

1. The Defendant shall provide to the Plaintiff, ① KRW 36,274,534, ② real estate indicated in attached Table 1 from October 16, 2012 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C, at the time of the land situation in the Gyeonggi Yang-gun-gun-gun-gun-gun-gun-ju-si ( November 20, 1913), was under the respective circumstances of approximately 222 e.g. (hereinafter “instant assessment land”) and approximately 528 E (hereinafter “instant assessment land”) at the time of the Japanese colonial era, and each of the said circumstances was divided as follows, following the procedure of land category change and land division, etc.

The land of this case, which was divided after the land restoration for the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment

B. The land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) was partitioned from the instant land, and the land divided from the instant land No. 2 was the land divided into the instant land and the land listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”) was combined with I on September 22, 2006 and entered in the annexed Table No. 2 (hereinafter “instant land”).

C. After the death of the above C, the J succeeded to the deceased’s property, and thereafter the J died on July 20, 1950, the Plaintiff, a South-North Korea, solely inherited the property. D.

On the other hand, on the land of this case Nos. 1 and 2, the Republic of Korea filed a lawsuit seeking the cancellation or transfer of ownership on March 27, 1996 and won the registration of ownership preservation under the Plaintiff’s name (the registration of ownership preservation on July 7, 2008 with respect to the land of this case No. 1, and the registration of ownership transfer on October 19, 200/1695 with respect to the land of this case No. 2, the registration of ownership preservation on October 19, 201).

E. The land Nos. 1 and 2 of this case is currently used as a road, and the defendant has already been used as a road before August 6, 2007, which was calculated five years from August 6, 2012, added to the ancillary defendant of this case.

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