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(영문) 의정부지방법원 2020.05.28 2019나204921
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.The reduction of claims by this court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the submission or addition as follows. Thus, this case is quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 2 of the judgment of the court of first instance, “this case’s land” in Part 11, 2, 3, 4, 5, 10, and 1 of the 2nd part of the judgment of the court of first instance, shall be filled with “the part of the road of this case’s land adjoining each point of the attached Table 1, 2, 3, 4, 5, 10, and 419 square meters (hereinafter “the part of the

The second sentence of the first instance judgment [based on recognition] is added to the second sentence [based on the second sentence], “the result of a request for surveying and appraisal for the branch offices of the Gyeonggi-gu branch office of the Korea Land Information Corporation in the High instance.”

The second part of the judgment of the court of first instance "the land of this case" in the 16th, 2, 5th, 5th, 5th, and 7th part of the judgment of the court of first instance shall be construed as "the part of the road of this case", and the second part "the land of this case" in the 18, 19th, and 5th part "the above part of the road of this case" shall be respectively respectively

The part of the first instance judgment Nos. 21 to 4 of the fourth 10 of the 3rd 21st son of the first instance judgment stating that the above defense is without merit in light of the above legal principles shall be dismissed as follows.

In light of the above legal principles in light of the following circumstances, which are acknowledged by comprehensively taking account of the descriptions in subparagraphs A through 8, the results of surveying and appraisal of the Korea Land Information Corporation's branch offices located in the Korea Land Information Corporation, and the overall purport of pleadings, the evidence submitted by the Defendant alone was provided for the road portion for the general public prior to the acquisition of the instant shares, and it is insufficient to recognize that the Plaintiff and the designated parties knowingly acquired the instant shares, and there is no other evidence to acknowledge otherwise. Therefore, the Defendant's aforementioned defense is not acceptable. (1) The land of H which is the mother of the instant land was determined as the first urban planning facility (road, I) on February 3, 1969 (construction department notification was made and around February 3, 1980).

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