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(영문) 서울중앙지방법원 2017.09.29 2016가단69872
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 157,700 won and the rate of 15% per annum from September 29, 2017 to the date of full payment.

Reasons

1. Basic facts

A. As a result of the land survey project conducted during the Japanese occupation period, Nonparty D’s answer 713 square meters in Gyeonggi-gun C, and Nonparty F’s response 869 square meters adjacent thereto was respectively informed.

B. Around the time of the above land situation, each of the above land was constructed through a road. Accordingly, C was divided into G 67 square meters and H land; E land was divided into G 67 square meters and H 7 square meters and J 77 square meters, and the parcel number was not set for each of the above land.

C. D, the assessment title of land C, completed registration of initial ownership on May 31, 1916, G return 667, G, and F, the assessment title of E land, completed registration of initial ownership as to F, the assessment title of E land, on December 16, 1920 and J return 77.

The Plaintiff’s father K completed the registration of ownership transfer on the ground of sale on January 9, 194, with respect to G 67 G 1, 1944, G 67, I 713, and J 77 (hereinafter “purchase land”).

E. 6. 25. At the time of a disaster, the cadastral record on the purchased land was destroyed and restored, and was divided, and the registration of preservation of ownership was completed in relation to G 651 and G 686 and M 46.

F. The Plaintiff filed a claim for the registration of ownership preservation in the name of L, each of which was divided from the land purchased in duplicate with regard to each of the lands divided from the land purchased, on the premise that the cause thereof is null and void, and filed a claim for the cancellation of each registration of ownership preservation and each of the transfer registrations in the name of the Defendant et al., the above L, and received a partial acceptance judgment in the first instance court, and filed an appeal with this court 2013Na49342 on the part of the lost part, and received a judgment of accepting the claim in exchange for the claim. The said judgment becomes final and conclusive and conclusive, and subject to procedures such as division and lot number change for the land combined with the land, etc. on November 6, 2015, each of the instant lands listed in the separate sheet as of November 6, 2015.

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