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(영문) 부산지방법원 2015.07.09 2015가단208142
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Each of the instant lands for which the registration of ownership transfer was completed in the Plaintiff’s future around December 4, 1967 is being used as a passage for the general public.

(b) It shall be marked only with the parcel number of not more than B/S prior to the subdivision of land, such as the change of land;

On December 4, 1967, the previous 4717 square meters is the land for which the registration of ownership transfer has been completed in the Plaintiff’s future. The land prior to the division is divided into B, B, 1418 square meters, C, 1759 square meters prior to D, ② 141 square meters prior to D, ③ 608 square meters prior to E (hereinafter “III”), and F, 791 square meters prior to E, upon the Plaintiff’s application on the same day.

(2) Upon the Plaintiff’s application on April 23, 1981, C is divided into: (a) 1710 square meters prior to C; (b) 49 square meters prior to G; (c) 79 square meters prior to G; (b) 791 square meters prior to F. 723 square meters; (c) 56 square meters prior to H (hereinafter “land”); and (d) 12 square meters prior to I.D. (hereinafter “Nom. report”); (c) upon the Plaintiff’s application on the same day; and (7) land has been changed to a road; and (7) it has reached the present date.

(3) On March 9, 1982, upon the Plaintiff’s application on March 9, 1982, F is divided into four hundred and twenty-two square meters per one hundred and twenty-one square meters per one hundred and twenty-one square meters per one hundred and twenty-eight meters per one hundred and twenty-one square meters per one hundred and twenty-one square meters per one another before J (hereinafter “B”).

(4) 1987. 7. 10. 원고의 신청에 따라, B 전 1418㎡는 B 전 288㎡(이하 ‘토지’라 함), ⑨ K 전 1130㎡로 분할된 뒤(이하 ‘⑨토지’라 함), ⑨토지는 1987. 11. 7. 원고의 신청에 따라 지목이 공장용지로 변경되고 위 지상에는 원고 소유의 부동산이 있으며, 토지는 지목이 '대지‘로 변경되어 현재 주차장 부지로 사용되고 있다.

(5) On September 12, 1987, upon the Plaintiff’s application, C previously 1710 square meters was divided into: ① 916 square meters prior to C (hereinafter “land”) and ② 794 square meters prior to L. 794 square meters (hereinafter “Woo”).

C. Change of ownership (1) Land shall be changed on September 17, 1987; (3) Land shall be changed on December 26, 1979; and (0) Land shall be changed on September 17, 1987.

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