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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 1, 1965, the Defendant: (a) on September 28, 1982, determined and publicly announced “C” located in Ansan-si, the Gyeonggi-do Public Notice No. B; and (b) prior to September 28, 1982, part of the area of 274 square meters and 478 square meters per F, was incorporated into “C” river area.
B. On August 29, 198, the Plaintiff acquired each ownership of 274 square meters and 478 square meters prior to F prior to E on August 29, 198. On the river ledger prepared around November 2007, the Plaintiff stated that 59.4 square meters out of E land and 7.6 square meters out of F land are incorporated into the river area of each “C”.
C. On November 12, 2008, land E was divided into 172 square meters in E, and 102 square meters in G, and F land was subdivided into 434 square meters in the past F, 434 square meters in H, 41 square meters in the past, and 3 square meters in the first place. In a river register prepared around December 2015, the river register is written into 74 square meters in G land, and 16 square meters in H land into c, respectively.
On the other hand, on February 21, 2013, the Plaintiff filed a lawsuit against Ansan-si claiming the return of unjust enrichment equivalent to the rent for G land, H land, I and J land (hereinafter “instant lawsuit”). On September 24, 2013, the aforementioned court paid the Plaintiff the amount of compensation for losses from January 16, 2008 to January 15, 2013, each of which was constructed on G land and H land, and sought the removal of the portion “A” and the transfer of the said portion of the said land, and then filed a lawsuit claiming the return of unjust enrichment equivalent to the rent for G land, H land, I, I and J land (hereinafter “each of the instant land”). On the other hand, the aforementioned court shall treat the Plaintiff as the compensation for losses from January 16, 2008 to January 15, 2013, and the Plaintiff shall either withdraw the portion of each of the instant land and request the purchase of each of the instant land pursuant to the relevant laws and regulations.