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(영문) 서울중앙지방법원 2019.02.13 2017가단5047928
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) acquired ownership of D. D. 480.4 square meters (hereinafter “the land before the instant partition”) from the Republic of Korea on March 27, 1963, which was the property devolvingd by the Republic of Korea.

B. C divided the land before the instant partition into D and E or F sites (hereinafter “divided land”) on December 27, 1967, and on February 20, 1968, changed the category of G large 63 square meters to a road.

The above road became the land indicated in the annexed list (hereinafter referred to as the “instant land”) after the conversion registration of the area and the change of the name of the administrative district.

The current status of divided land, the location and shape of the land of this case shall be as shown in the attached Form "Certified Copy of Cadastral Map".

(The part inside a square line is located where the land prior to the partition of this case is located, and the inside part is the land of this case).

In the old land cadastre of divided land C, the name of the former owner is stated as “C stock company,” but it seems that it refers to the same company.

On April 1968, H transferred the ownership of ten parcels of land to H Co., Ltd. (hereinafter “H”), and H transferred the ownership of nine parcels of land to the Plaintiff on January 11, 1969 and on January 13, 1969.

On January 13, 1969, the Plaintiff acquired the ownership of the instant land from C separately from the said nine parcels.

The Plaintiff transferred the ownership of the remaining seven parcels to a third party, excluding D. 3.6 square meters and 9.3 square meters in Busan-gu, Busan-do. On September 22, 2003, the Plaintiff transferred the ownership of 58/2083 square meters in the instant parcels to J on September 22, 2003.

J is the owner of K site where the land of this case protruding to inside the site.

E. The instant land is used for a long time as a road (alley), and is currently packed into a road, and sewerage facilities, such as sewage pipes laid underground in the instant land, are registered in the Busan Metropolitan City Sewage Management System.

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