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(영문) 서울중앙지방법원 2015.04.15 2014가합567928
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. Seoul Northern-gu Seoul Northern-gu B was changed to "Seoul Northern-gu B" through "Seoul Dobong-gu B."

C 910 square meters (only parcel number shall be indicated) was divided into 3,209 square meters, which was owned by D on March 21, 1953, and thereafter F completed the registration of ownership transfer on the land above C around February 1966.

B. After that, C was divided into C land, G land, and H land around June 26, 1967; around August 5, 1967, G land was divided into G land and I or J land; on August 29, 1967, K land was divided into K and L land (hereinafter “instant 2 land”); and M land was divided into M and N land (hereinafter “instant 3 land”); around September 28, 1968, J land was divided into J land (hereinafter “instant 1”) and O land, and F-owned land was divided into several parcels until October 17, 1972, as indicated in the annexed land division list.

On the other hand, the current status of the land around the land of this case Nos. 1 through 3 (hereinafter “each of the land of this case”) after the partition is identical to the left one.

C. The Plaintiff purchased each of the instant lands from F on November 3, 1969, and completed each registration of ownership transfer on the 27th of the same month, and most of the neighboring lands except each of the instant lands were transferred to others.

Since then, around January 15, 1973 with respect to P land adjacent to the land of this case, around November 20, 1967 with respect to K land adjacent to the land of this case No. 2, and around November 20, 1967 with respect to M land adjacent to the land of this case No. 3, each house or building was constructed around November 20, 1967, and around February 9, 1972 with respect to the land of this case, each house or building was constructed on each divided land adjacent to each of the land of this case.

E. At present, the asphalt package is in common around each of the instant land.

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