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1. Of the part of the claim for return of unjust enrichment against the defendant in Eunpyeong-gu of the judgment of the first instance, the payment order is below.
Reasons
1. Facts of recognition;
A. The land of Eunpyeong-gu Seoul, J, K, and L is the ownership of the original network M (hereinafter “the network”), and the land of the J on March 1, 1974 was replaced by N (hereinafter “N land”) on March 1, 1974; the said K land was replaced by N (hereinafter “O land”); the said L land was replaced by P (hereinafter “the instant land”).
B. N land was transferred to Q on April 24, 1971; thereafter, the ownership of the land and the house on the ground was newly constructed and transferred in sequence to Q. The ownership of the land and the house on the ground was transferred to U on December 6, 1990 in sequence to Defendant H on March 6, 1997.
C. O land was transferred to V on October 18, 1971; thereafter, the ownership of land and the housing on the ground was newly built and thereafter transferred in sequence. On January 30, 1986, X on October 18, 1986, Y transferred the ownership of the above land and the housing on the ground in sequence to Defendant I on June 2, 1992.
The instant land was used as a alley, as an access road leading to the contribution of N and O ground owners and their families.
E. On December 20, 2010, Defendant H and I asserted that the instant land was occupied and acquired by prescription for twenty (20) years from December 6, 1990, and filed a lawsuit seeking ownership transfer registration with the Seoul Western District Court 2010Kahap16779. On June 24, 2011, Defendant H and I received a judgment from the above court that “the deceased will implement the ownership transfer registration procedure for one-half (1/2) of the instant land to Defendant H and I on December 6, 2010,” and based on the above judgment, on July 21, 2011, the ownership transfer registration was completed for the reason of completion of the prescriptive acquisition (hereinafter “instant ownership transfer registration”).
(f) The defendant shall establish the Eunpyeong-gu Z Library and the AA small elderly welfare center.