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(영문) 서울북부지방법원 2017.08.18 2015가단22639
부당이득반환등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The annexed map No. 100, 100, 100, 200, 200,000 square meters of forest E in Jeon Chang-gun.

Reasons

1. Basic facts

A. On June 2, 1915, the Plaintiff’s father network F was registered as the name of the land owner of the Go Chang-gun E (hereinafter “instant land”).

B. As to the land of this case, the registration of ownership preservation in the name of the Plaintiff was completed as of November 23, 1992 by the Jeonju District Court, the High District Court, the High District Court, the 11531.

C. The Defendant, in turn, owns the portion of the land in question, which is indicated in the attached Form 100, 9, 98, 51, 52, 53, 54, 55, 56, and 100 square meters of land among the land areas E, Gosi-gun, Gosi-gun, Jeonbuk-gun, North Korea in order to connect each point of 101, 102, 103, 104, 105, 106, and 101 square meters of land on the same ground of the part of the instant land (hereinafter “2”) and actually owns the portion of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and evidence, the result of the commission of appraisal to the senior branch office of the Korea Land Information Corporation in this Court, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to remove the building of this case and deliver the part of the land of this case to the plaintiff, barring special circumstances, and return unjust enrichment of the amount equivalent to the rent due to the possession and use of the land of this case.

B. The defendant's defense and counterclaim claim 1) The owner of the land of this case is the clan to which the plaintiff belongs, and the plaintiff is only the person who was entrusted with the title of the same clan.

Since the defendant purchased the land of this case from the head of the above clan around January 1, 1963, the plaintiff must implement the procedure for the registration of transfer of ownership based on the above sale.

B. As above, the Defendant entered into a sales contract and constructed the instant building on January 1, 1963. From that time, the Defendant owned the instant building from that time to that time, and occupied the instant land portion in peace and public performance with the intention to own it, and around November 20, 1996.

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