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(영문) 의정부지방법원 2017.12.22 2017가단106145
부당이득금
Text

1. The defendant is against the plaintiffs:

A. Each of the 32,842,433 Won 1) 5,000,000 among them shall be from July 15, 2016 to 2).

Reasons

1. Basic facts

A. Land use-related 1) Each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) after the Plaintiffs’ prior to 2,136 E and 6,949 were under the Land Survey Decree enforced in the Japanese colonial era, and after the fact was found in F and five other five futures, the plaintiffs’ preference.

2) The cadastral record, etc. as to each of the instant lands was destroyed by Korean War, etc., and part of each of the instant lands was restored by land category as a road on March 20, 1961, and on September 1, 1975, the land category was restored by the road.

3) Accordingly, from around 1984 to around 1996, the Republic of Korea has completed the registration of preservation of ownership in the name of the Republic of Korea with respect to each of the instant land, incorporated it into the national highway, and occupied and used it as a road. 4) After the public announcement of Gyeonggi-do on March 31, 2003, the Defendant determined urban planning facilities concerning each of the instant land as G and incorporated it into the road. After that, each of the instant land was determined as an urban planning facility as of July 31, 2006 by means of extension of the road and alteration of routes, etc.

5) The Defendant has committed an act necessary for maintaining and managing roads while offering each of the instant lands to the public for the passage of the general public. (B) After the lapse of the change in the ownership transfer registration, the registration of ownership preservation was revised in the name of the J, etc. based on the judgment of the court in the case of filing a claim for cancellation, etc. of the registration of ownership preservation on each of the instant lands, etc. by the Jung-gu District Court 2004Gahap91, Seoul Central District Court 2009Da34748

2) Since then, the J’s shares in each of the instant lands were transferred to the Plaintiffs on the grounds of inheritance due to the consultation and division on August 20, 2012 (i.e., 1/12) (i., 278460/3341520) (i.e., 1/12).

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