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(영문) 서울북부지방법원 2017.08.11 2016나32023
토지매입 및 부당이득금반환
Text

1. The plaintiff's appeal and the plaintiff's claim expanded by this court are dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Land parcel number divided by the sequence of facts of recognition, the size of land category of which is between E on June 16, 1937 and E on June 16, 1937, 1937: 34:2H 2H 2H 3: 25: 4 L, 27: 5 I to 318 square meters;

A. D acquired the ownership of Dongdaemun-gu Seoul Metropolitan Government J land on October 28, 1936, and the said land was divided into E through I on June 16, 1937.

B. After purchasing from D on June 19, 1937 the Plaintiff’s assistance in the deceased, the Seoul Dongdaemun-gu Seoul Dongdaemun-gu and I sold H or I’s land in the following order:

The land category size as of September 15, 1967, H 1: H 1:6 June 5, 21940, K 25:3:3 on March 26, 1945, L 27: 1:31:31 square meters on September 16, 1937.

C. The Dongdaemun-gu Seoul was divided into E and M on September 23, 1975, and E and M were changed administrative districts as follows:

The lot number and category of the land whose administrative district was changed by the date of subdivision and the date of change of the administrative district, shall be 34 square meters in Seongbuk-gu 25 square meters in Jongno-gu PIx 31 square meters in Jongno-gu Q E 28 square meters in Jongno-gu 28 square meters in Jongno-gu, 1975, the size of the land category of which was changed to the administrative district of the land that was divided by the date of subdivision and the date of change of the administrative district.

D. On August 26, 1997, Seongbuk-gu Seoul Metropolitan Government B Large 6 square meters (hereinafter “instant land”) was registered for the purpose of converting the horizontal width into two hundred square meters (hereinafter “instant land”). On May 29, 1999, the Plaintiff registered the preservation of ownership on the instant land.

E. According to the level of intellectual circumstances drawn up in the Japanese colonial era as follows, E land is a shape that is a long range, and is directly abutting with K and I, each site, and has been used as part of the road in contact with L again through H passage.

F. The instant land is used as a passage on around 1972 and around 1975, and is currently used as a narrow and long-term form, connecting R and S, and being used as a passage for the general public.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 10 evidence, Eul's 1 through 4 (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1 network C is general of the instant land.

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