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(영문) 서울동부지방법원 2014.09.05 2014가합104382
부당이득금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence Nos. 1, 2, 4-1 to 8-8, Gap evidence No. 14, 15, Eul evidence No. 2, 4, Eul evidence No. 14-1 to 7, Eul evidence No. 16, 19, and the whole purport of the pleadings.

(1) With respect to the land E (hereinafter referred to as “the original land of this case”), the current status of the public records of land (1) Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, 1915 (4 years Gyeong-gu)

3. 26. 작성된 D 원도(이하 ‘이 사건 지적원도’라 한다)에는 이 사건 원 토지의 지목이 ‘畓’(답)으로 되어 있고, 지번 옆에 F이라고 기재되어 있다.

(2) As to the original land of this case, the surveying and temporary land survey station 1918. (7 years, referring to the land survey agency)

3.2. The part indicated with the original land of this case is divided into G answer, B road, H answer, etc. on the land of this case, which was drawn up on the diversary land survey map of this case.

(3) On October 3, 1927 with respect to G 121 on the original land of this case, the registration of ownership transfer was completed under the name of Samil Industrial Co., Ltd. on the same day, and the registration of ownership transfer was completed on the same day, and on H 53 on the H 53 square meters (fire 7 years).

2.4. After the registration of ownership preservation has been made in F name, the registration of ownership transfer has been made in the name of satellite Financial Cooperative on the same day.

(4) Meanwhile, there is no registry with respect to B’s land among the original land in the instant case; however, on April 1, 1952, land No. 380 square meters (hereinafter “instant land”) was restored to the first owner F, and the Plaintiff made a registration of preservation of ownership with respect to the instant land based on the land cadastre that was restored on June 7, 2010.

(B) As seen below, F is the Plaintiff’s assistance, and the Plaintiff appears to have made registration of preservation of ownership in the name of the Plaintiff solely on the ground that there was an agreement on the division of inherited property among inheritors.

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