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(영문) 의정부지방법원 2021.01.14 2019가단107029
부당이득반환
Text

1. Defendant B, C, F, G, H, I, and J jointly with the Plaintiff, and Defendant E jointly with the said Defendants.

Reasons

1. Basic facts

A. On February 7, 2013, the Plaintiff completed the registration of ownership transfer with respect to one-half share of 360 square meters (hereinafter “Plaintiff’s land”). On June 14, 2016, the Plaintiff acquired the entire land by completing the registration of ownership transfer with respect to the remaining one-half share of 1/2.

B. The Defendants are the owners of land adjacent to the Plaintiff’s land, and the detailed contents are as follows (the land indicated below is collectively referred to as “Defendant’s land”). In the case of the Defendant’s possession of a large number of land owned by the Defendant, the Defendant’s first acquisition date (the first acquisition date even prior to the ownership or merger) is recorded only in BY L 2,370 square meters, etc. before August 23, 2005, the Plaintiff asserted on August 18, 2005, but the Plaintiff is the date of concluding a sales contract indicated as the grounds for registration, and the date of receipt of registration is the same as the main text.

The plaintiff asserts the date of acquisition of ownership of other defendants, but it is recognized as the date of receipt of registration.

C On May 26, 1992, including 661 square meters in Mapocheon-si, Mapocheon-si, Dpocheon-si, 248 square meters on April 11, 2017, including 553 square meters in Epocheon-si, Epocheon-si, Mapo-si, Mapo-si, on December 3, 2013, 701 square meters in Mapo-si, Fpo-si, Mapo-si, Mapo-si on April 10, 2003, on April 10, 2003, Mapo-si, Mapo-si, 13, 943 square meters on May 26, 192, Hapo-si, Mapo-si, 13, 943 square meters on December 10, 203, 195, Mapo-si, 1608 square meters on December 16, 1996

Plaintiff

Of the land, the part as stated in paragraph (2) of [Attachment 1] List of Real Estate (hereinafter “instant road”) among the land was used as the present state from around 1970, but it is not possible to know about the exact time and circumstance of the construction of the road, and the part as stated in paragraph (1) of [Attachment 1] List of Real Estate (hereinafter “instant land”) is divided into the remaining part of the Plaintiff’s land and can not be used for any other purpose due to the said present situation.

(d)

The Defendants, while owning the Defendant’s land, use the instant road as a passage to contribute to the development of the road.

E. The instant case.

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