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(영문) 대구지방법원 2015.10.22 2015나303636
소유권이전등기
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit are dismissed.

2. After an appeal against the principal lawsuit has been filed.

Reasons

1. After remanding the case, the first instance court filed a claim against the Plaintiff for a counterclaim against the return of unjust enrichment on the ground that the Plaintiff occupied each parcel of land listed in the separate sheet No. 1 without permission. The Defendants filed a claim against the return of unjust enrichment on the ground that the Plaintiff occupied each parcel of land listed in the separate sheet No. 1 without permission. The first instance court accepted both the Plaintiff’s claim against the principal lawsuit and dismissed all the Defendants’ counterclaim claims.

Therefore, the Defendants appealed against the judgment of the court of first instance, and the court prior to the remand dismissed all the Plaintiff’s claims against the counterclaim, and dismissed all appeals against the Defendants.

The plaintiff and the defendants appealed against the judgment of the court prior to the remand, and the Supreme Court reversed and remanded the part concerning the principal lawsuit in the judgment prior to the remand and dismissed all the defendants' appeals.

Therefore, the judgment of the court prior to the remand became final and conclusive on the part of the defendants' counterclaim, and the scope of the judgment after the remand is limited to the plaintiff's claim of the principal lawsuit.

2. Facts of recognition;

A. On September 17, 1960, the Republic of Korea: (a) on September 17, 1960, the Republic of Korea: (i) the Nam-gu Lban 137 square meters [the land ledger is divided into Q27 square meters on January 22, 2009, and is marked as the current Lban 426 square meters. The registration register on Q27 square meters on the above Q27 square meters is not opened; (ii) the above Lban 137 square meters and Q27 square meters (each of the lands listed in the attached Table 1 list).

) The ownership of the instant land was acquired by combining the said land (hereinafter “instant land”).

B. On June 13, 1963, the Plaintiff changed the land category of the instant land to a road, while incorporating the said land into the road and providing the general public with access to the road, and thereafter, occupied and used the instant land so far from that time.

C.F died on April 23, 1967. The Defendants inherited their property in succession to order and owned the same shares as that stated in the separate sheet No. 2.

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