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(영문) 대전지방법원 2017.08.25 2016나113854
부당이득금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a 1/3 share holder of a road A 660 square meters (hereinafter “instant land”).

At present, the land in this case is currently occupied by the defendant.

B. The land of this case is a change in the parcel number on the road B in Ycheon-si, which is divided into the answer C around April 18, 1986.

C. On February 28, 1984, the Central Land Tribunal, upon the application of the head of the Seoul Regional Construction and Management Administration (hereinafter “head of the Management Office”), made an expropriation ruling with respect to the above C reply prior to subdivision. Accordingly, on April 1984, the compensation for losses was paid to D who was the owner of the said response prior to subdivision at the time of the said expropriation ruling.

(However, no compensation has been paid until the expropriation period set forth in the expropriation ruling, which became void). On the other hand, the head of the management agency failed to complete the registration of ownership transfer because he was unable to receive necessary documents from D for the registration of ownership transfer before the above division.

Since then, the registration of ownership transfer was completed on November 7, 1984 with respect to the above answer before subdivision, and on April 18, 1986, the answer before subdivision was divided into the instant land, etc., and the land category was changed to “road”.

From May 1986, the Defendant had received from the management agency the possession and management right of the instant land from the head of the road management agency, and provided the general public with the road traffic.

E. Meanwhile, F, G, and H 3 purchased the instant land from E on August 29, 198, and completed the registration of ownership transfer as to each one-third portion of the instant land on September 23, 198 on the ground of sale as of September 20, 198.

F. 3 above F et al. filed a lawsuit claiming return of unjust enrichment on the instant land against the Defendant in Seoul District Court 2001Da44964, Seoul District Court 2002Na59428, Supreme Court 2003Da35734, and the appeal court filed a lawsuit claiming return of unjust enrichment on the instant land. The former owner D et al. of the instant land.

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