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(영문) 울산지방법원 2018.12.18 2018가단55687
부당이득금
Text

1. The defendant

(a) KRW 1,956,350 as well as 5% per annum from March 24, 2018 to December 18, 2018;

Reasons

1. Basic facts - The Plaintiff acquired ownership on the same day from the L Co., Ltd. (hereinafter referred to as “L”) which is the former owner by means of a voluntary auction on June 3, 2016, as to each land listed in the separate sheet (hereinafter referred to as “instant land,” and as the said land is located in the Northern-dong, Ulsan-gu, North Korea, and thus indicating individual land.

- The owners of M, N, andO, which were land before subdivision, were L (acquisition of ownership on August 11, 2006 due to sale) but were divided from P to Q, F, and I into Q, and H, around May 2007, respectively, and around August 2013, B (the category of land from orchard at the time of division to road) and C were divided into H.

- The owners of J and D, as R, were divided into S around June 2006 upon the application of R for subdivision.

(Land Category B is changed from land to road). In addition, E’s owner was T, but was divided into U around July 2006 upon the application of T’s subdivision.

(Land Category is changed from the site to the road) The above J, D, and E thereafter were transferred to L on August 11, 2006.

- The instant land (However, in the case of G, part (A) of the attached Table 5, 3, 4, and 5 which connects each point of the attached Table 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 29, 28, 27, 26, 25, 24, 24, and 6 of the appraisal of G with each point of the attached Table 6, 13, 14, 15, 17, 18, 18, 18, 20, and 29 of the appraisal of G, and part (f) which is used as land for passage is a package used by neighboring residents and the general public as of the closing date of pleadings.

- Of the instant land, there was a decision on the road of urban planning facilities around December 1990 for H, B, C, F, I, D, and J, around March 200.

- As shown in the annex F, C.

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