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(영문) 서울중앙지방법원 2016.07.13 2015나61209
부당이득금
Text

1. Of the judgment of the first instance court, the part against the defendant in excess of the money ordered to be paid under paragraph 2 below shall be cancelled.

Reasons

1. Facts of recognition;

A. The land listed in the annexed Table 1 is currently subject to the registration of ownership transfer in the name of the network I (Death on November 14, 1961).

B. The plaintiffs are the deceased I's successors, and the deceased I's inheritance relationship and the plaintiffs' final inheritance shares are as shown in the attached Form 2 inheritance relationship and the attached Form 3 inheritance shares.

C. The land listed in [Attachment 1], 2, 3, and 4 in the list of real estate is divided from each mother land to a road on October 30, 1937 as the land category was changed from each mother land to a road. The process of dividing and disposing of each mother land is as follows:

(1) On October 30, 1937, K 1,243 square meters owned by the network I was divided into L 1,184 square meters, M 58 square meters (attached Form 1; hereinafter “Attachment 1”); L 1,184 square meters were transferred to O on November 19, 1956.

Therefore, from among the 1,243 Ew-gun's 1,243, only attached Form 1 road and N 1 square meters remain as owned by the network I until now.

(2) 311 square meters in Tong-gun PP owned by the network I are divided and disposed as follows and Q. Q. 62 square meters (attached Form 1 Real Estate List 2; hereinafter “Attachment 2”); only the land is owned by the network I until now.

The PP 311 of October 30, 1937 was divided into 176 RP 176, 2, and 73 PP 3 of 1937.

R 176 No. 176 was transferred to T on April 21, 1965, and SP 73 was divided into 36 U’s and 5 sites after the subdivision on January 15, 1941, and 36 U’s land was transferred to T on April 21, 1965. V site No. 37 was subdivided into 524 square meters and 13 square meters after the subdivision, and V road No. 24 square meters were transferred to the Defendant on May 24, 1982, and 13 square meters of W site was sold to X on August 18, 1961.

(3) The “YY Y Y 1,786” in the “Y Y YY YY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

The answer No. 1,786 of the Y 1,786 shall be the answer of 6 Z on October 30, 1937, AA 40 square meters, AB.

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