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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.06.08 2016나74316
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The forest survey report prepared in accordance with the shipbuilding and forest order during the Japanese occupation period is written by the Gyeonggi-do Gwangju-gun B real estate (hereinafter “previous land”) as the network C was under the assessment.

B. After that, part of the previous land became a 595 square meters wide from Gwangju City D road (hereinafter “Before subdivision”) through division and change of the name of the administrative district.

C. Upon the death on November 10, 1867 by the assessment titleholder C, on the part of November 10, 1867, F, a family heir, jointly inherited the deceased’s property. On October 28, 1983, E, a spouse G, family heir H, and C, a child not in the same family register, were jointly inherited by H, I, J, and K, a child, who died on April 21, 1998.

As above, the inheritor who finally succeeded to C’s property under the title of circumstance (hereinafter “heirs”) filed a lawsuit against the Republic of Korea around 2002 against the Seoul District Court Decision 2002Da195453, which confirmed that the ownership of the land before subdivision is owned by the above inheritor. On July 15, 2003, the above court accepted the above claim by the inheritor on the ground that the land before subdivision of the previous land was the ownership of the deceased’s property after the original acquisition of the previous land through the circumstances of forests and fields, and that the land before subdivision was owned by the above inheritor C, the land before subdivision was unregistered, and that the Republic of Korea is disputing the existence of ownership. The above judgment became final and conclusive at that time.

The first lawsuit is called ‘the first lawsuit'.

E. The successors sold the land before subdivision on December 6, 2003 to the Plaintiff, and the Plaintiff filed an application for mediation with the Seoul Central District Court 2008 Ss. 11371 against the inheritors, and on October 28, 2008, the Plaintiff and the inheritors implemented the procedure for registration of transfer of ownership on the land before subdivision to the Plaintiff on December 6, 2003.

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