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(영문) 의정부지방법원 2015.06.23 2014가단122382
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) As regards KRW 99,762,810 and KRW 30,000,00 among them, January 14, 2015 and the remainder 69,762.

Reasons

1. Basic facts

A. The land survey division drawn up during the Japanese occupation point period was subject to the Plaintiff’s prior assessment of Yang-gun-gun-gun-gun-gun-gun-gun 194 (hereinafter “Seoul-gun-gun”), and the circumstance was divided into the Plaintiff’s prior assessment of the network E., and the land was restored to the G road of approximately 94 square meters in Yang-gun-gun-gun-gun, Gyeonggi-do and KRW 100 (hereinafter “undivided restoration land”).

B. The Republic of Korea completed each registration of initial ownership on the land that was divided and restored in order to register its ownership on April 11, 198 by the District Court, Dongducheon Registry, 2567.

C. On June 20, 198, the circumstances that were divided and restored were merged into H road 2,414 square meters on the condition that the land was divided and restored after the judgment became final and conclusive to the effect that “the Defendant (the Republic of Korea) shall implement the procedure for the registration of ownership transfer for the reason of the recovery of real name with respect to the land that was divided and restored among the above H land” in the lawsuit brought against the Republic of Korea by the Plaintiff who independently inherited the network E (Seoul Central District Court 2013Kadan102631, and Seoul Central District Court 2013Na4347, Seoul Central District Court 2013) and C road 331 square meters (hereinafter referred to as “the land of this case”) were divided into each of the above H road 2,414 square meters.

The current status of the use of each land of this case is as follows.

1) According to the survey of the land adjacent to the situation on February 5, 1916, it appears that there was a road with a width of between 6 and 7 meters on the left side of the land due to the circumstance. 2) The land portion of the instant case among the land under the circumstance was cadastrally restored on May 10, 1965 by the land category as “responding” but the land category on August 26, 1987 was changed from “responding” to “road.

This is from April 15, 1975 to September 29, 1975, expansion from 13m to 20m in width of the 18.5m section, which was implemented by the direction of 3 lines maintenance of national highways of the I former president, from 18.5m to 3m in width of the 18.5m section.

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