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(영문) 서울남부지방법원 2016.01.14 2013가단83231
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) with respect to the share of 819/1638 square meters against the Defendant (Counterclaim Plaintiff) among the share of 47.8 square meters in Guro-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

A. The parties’ land ownership relationship 1) The Plaintiff is the Guro-gu Seoul Metropolitan Government O 47.8 square meters (hereinafter “Plaintiff’s land”).

() The Plaintiff’s land was a part of the Guro-gu Seoul Metropolitan Government 1857m2.9m2, which was originally owned by the Plaintiff. The Plaintiff notified Defendant B of the possession of the Plaintiff’s land without permission on March 2013 and removal of the ground fence, etc. The Plaintiff’s land was divided from the Plaintiff’s land upon the Defendant B’s claim for the provisional disposition of prohibition of disposal based on the ownership transfer registration right based on the prescriptive prescription. The Plaintiff is the owner of the land, and the Plaintiff is the owner of the land, and the Plaintiff is the Plaintiff’s land adjacent to the Plaintiff’s land of 3

(2) On the ground, the apartment house with the 2-story roof of the brick structure (159.67m2, 2-story 159.67m2, 83.31m2 in the underground room and 83.31m2 in the instant apartment house) is deemed to be the instant apartment house.

(2) On February 6, 1984, net Q acquired the ownership of No. 3 of the first floor (In a brick structure 53.88 square meters, underground room 8.93 square meters, and ownership of a site 56.94/355) and No. 4 of the second floor (a brick structure 53.8 square meters, an underground room 8.6 square meters, and an ownership of a site 56.94/3555) among the sections for exclusive use of the instant tenement.

Defendant B transferred the ownership of the instant tenement house No. 3 from Q on June 27, 1989.

3) Q died on March 16, 2002. The inheritor died on March 16, 2002, there were Defendant C (Inheritance Shares 189/819), Defendant D, H, I (Inheritance Shares 126/819), network R (Death April 16, 2013), and RJ (Death October 16, 2013), Defendant E (Inheritance Shares 54/819), Defendant F, G (Inheritance Shares 36/819), the heir of J, the wife, and Defendant C (Inheritance Shares 42/819), Defendant L, M, N (Inheritance Shares 28/819), the children, and the Defendants’ possession of the said land on the 15th anniversary of the 197th anniversary of the 197th 15th 17th 2, the 197th 15th 25th 2, the 197th 15th 25th 17th 197.

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