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(영문) 창원지방법원 2014.09.05 2013가단5445
부당이득금반환
Text

1. The Plaintiff:

A. Defendant Republic of Korea shall pay 15,727,370 won and the interest thereon from March 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Attached 1) Attached 1 to 5, 7, and 8 each land listed in the No. 1 to 5, 7, and 8 of the instant land (hereinafter “instant land”)

(1) The Plaintiff had originally owned net B, the unregistered state of which was the Plaintiff’s ownership. The unregistered state was the Plaintiff’s sole ownership by an agreement on the division of property held on May 30, 201, and following the Plaintiff’s land registry around May 20, 201 under the Act on the Special Measures for Real Estate, following the Plaintiff’s report on the domicile in the name of B on the land cadastre, and following the agreement on the division of property held on May 30, 201, Article 130 Subparag. 1 of the Registration of Real Estate Act. As regards the land Nos. 1 through 5 of the instant case, the Changwon District Court No. 51529, Jun. 27, 2011; the title No. 7 and No. 8 of the instant case were 6870, Jun. 24, 2011, the registration on the preservation of ownership in each Plaintiff’s name was completed by the Changwon District Court No. 1601, Mar. 1, 2015.

B. On September 23, 1926, the land category Nos. 1 in the instant case was changed from the paddy field to the road. On November 26, 1926, the land category Nos. 7 and 8 in the instant case was changed from the paddy field to the road. Since around 1926, Defendant Republic of Korea designated and occupied and used the said land Nos. 1, 7, and 8 as D. 2 through 5 in the instant case from around August 21, 1929, the land category was changed from the paddy field to the road, and Defendant Gyeongnam-do was occupying and using each of the instant land as E on July 19, 196.

3 The land Nos. 6 of this case was changed from November 26, 1926 to the road on November 26, 1926, and Defendant Kim Jong-si was above since around 1926.

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