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(영문) 수원지방법원 2016.05.04 2015가단18691
부당이득금반환
Text

1. The Defendant each of the Plaintiffs’ KRW 827,413 and each of them shall be 5% per annum from April 28, 2016 to May 4, 2016, respectively.

Reasons

1. Evidence 【Evidence】1, A2, A3-1 through 3, A4, A5, A1, B-2, B-3, and the purport of the whole pleadings;

A. On January 6, 1919, the Plaintiffs’ land ownership (1) was examined as follows: (a) on January 6, 1919, 3,400 G, which was the first 60 EM, and the first 1,000 G, which was the first 60 EM, and the second 1,000 G.

After that, 397 square meters (400 square meters) of the 3,400 square meters (400 square meters) in the 3,400 square meters (hereinafter “the instant land”) in the Gyeonggi-do Authenticity-gun was restored to L on December 26, 1967, respectively. The said K land was subject to registration conversion on March 16, 2007 with 405 square meters prior to Pyeongtaek-si M (hereinafter “the instant land”).

(2) The Republic of Korea completed the registration of preservation of ownership on the instant land by the Suwon District Court No. 3217, Jan. 28, 1997, received on January 28, 1997, following the public notice of non-owned real estate.

(3) On August 17, 201, Plaintiff A filed a lawsuit against the Republic of Korea to file a claim for cancellation of registration of ownership preservation on the instant land, and obtained a favorable judgment on August 17, 201. After the said judgment became final and conclusive on May 3, 2012, the Plaintiffs completed registration of ownership preservation in the name of the Plaintiffs under the name of Suwon District Court No. 6400, Feb. 8, 2013, with respect to each of the shares of 1/5 out of the instant land.

B. (1) Around 1931, the background leading up to the Defendant’s land occupation, etc. (the Defendant’s father, July 25, 1975) began to build the instant land, the above “O land,” and the PP land as indicated in the annexed drawings, and reside in the said building. The Defendant, as his inheritor after the Defendant’s death, resides in the said building.

(2) The network N and the Defendant purchased the surrounding land of this case including the above “O land” from around 1964 to around 1984 and completed the registration of ownership transfer.

(3) From 2002 to 2008, the Defendant purchased the instant land from the Republic of Korea for agricultural use, and paid the loan charges. On January 1, 2009, the Defendant entered into a State property loan agreement with the head of Pyeongtaek-si on the instant land from January 1, 2009 to December 31, 2013, and paid the loan charges from around that time to December 31, 2013.

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