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(영문) 서울중앙지방법원 2015.10.13 2015나1559
부당이득금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The State’s acceptance, etc. (i) was originally owned by several persons, such as Kui Government D, 18,020 square meters, including C.

On June 15, 1978, Korea has specified and expropriated access roads to a military unit on 575 square meters, part of the above land (hereinafter “the first road site”). On April 30, 1980, through the partition of co-owners, the said land was partitioned into 3,388 square meters of D forest land owned by C, including land reserved for a road (hereinafter “pre-division”), and completed the registration of ownership transfer in the Republic of Korea as to 575/3,388 square meters of land reserved for a road among the pre-division land for convenience on February 26, 1981.

B. On May 14, 198, the land category of the land before the subdivision was changed to forest land, and at the same time, the registration of ownership transfer has been completed in the future E with respect to the remaining shares in C, and on June 17, 198, the registration of ownership transfer has been completed again in the plaintiff's future.

Accordingly, land before division has become jointly owned by the plaintiff and the Republic of Korea on the register.

B. (i) The Defendant’s acquisition by agreement, etc. (i) specified a part of the land before subdivision in order to build access roads to a military unit (hereinafter “the land scheduled for the second road”, the location and the size of which are inconsistent with the land scheduled for the first road site) in the course of G extension construction around 190. On December 17, 1990, the land before subdivision was divided into D forest land 2,290 square meters, B road 918 square meters, and F forest land 180 square meters, and completed the registration of ownership transfer on the ground of consultation among the Plaintiff’s share of the 918 square meters of road B on January 9, 1991, on the ground of purchase.

Accordingly, B road B on the registry became jointly owned by the Plaintiff, the Republic of Korea, and the Defendant, and the remainder of the land before the split-off was maintained jointly by the Plaintiff and the Republic of Korea.

B. After the division on September 13, 1991, D forest land 2,290 square meters is divided into D forest land 2,171 square meters and L road 119 square meters, which is part of the two road sites. Defendant on December 31, 1992 as to the share of L land 2,813/3,38 square meters among the Plaintiff’s share in L land.

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