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(영문) 서울중앙지방법원 2020.09.24 2017가단5137487
부당이득금
Text

Of the counterclaims of the Defendant-Counterclaim (Counterclaim), the attached drawings of the real estate list 1, 3, and 4 and the real estate of paragraph (2).

Reasons

1. Basic facts

A. Each land listed in the list 1 through 4 of the attached Table 1 is classified and registered as the land subject to the division and registration of the land. The land listed in the list 1 to 4 of the attached Table 788 of the Gyeonggi-do Si interest-gun (hereinafter

The registration of ownership transfer in the name of D was completed on September 15, 1980 by the application of E, the registration of ownership transfer in the name of E was completed on the same day, and the registration of ownership transfer in the name of F and G was completed on September 13, 1983 by the order of the registration of ownership transfer in the name of E on the same day. The registration of ownership transfer in the name of E was completed on September 13, 1983.

3) Plaintiff (Counterclaim Defendant, Plaintiff)

A) On February 4, 1989, the above registration and receipt No. 2700, February 3, 1989, completed the registration of ownership transfer based on sale on February 3, 1989. The Plaintiff (Counterclaim Defendant, Plaintiff) is the Plaintiff.

B) On April 4, 2015, according to the division of inherited property by agreement, with respect to one half of the shares of each of the above lands in G, the ownership transfer registration was completed on July 28, 2015 under the above registration and receipt No. 93699. B. The Defendant-Counterclaim (Counterclaim Plaintiff; hereinafter the Defendant-Counterclaim Plaintiff) in possession of the Defendant-Counterclaim Plaintiff.

2) On July 28, 200, 2000, 19.5km of the length of 19.5km to link gold and Ansan (hereinafter “instant land”) is to be the land indicated in attached Table 2 of the Real Estate List 2,49m2 (hereinafter “instant land”).

Of the separate drawings indication 25, 26, 27, 19 through 24, and 25, the phrase “b” portion of 633 square meters (hereinafter referred to as “instant railroad site”) in the line that connects each point in sequence.

) A is occupied and used as a railroad site between H Station and I Station (based on recognition). [In the absence of dispute, evidence A1 to 3 (if any) is included; hereinafter the same shall apply].

3.3 5 5 5 5 6 6 1

2. Determination on the legitimacy of the counterclaim of this case

A. Of the Plaintiff’s counterclaim claim, the Plaintiff is entitled to seek the return of unjust enrichment as the principal lawsuit.

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