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(영문) 의정부지방법원 2018.12.19 2016가단129448
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 2,076,00 per annum from November 3, 2017 to December 19, 2018; and

Reasons

1. Basic facts

A. In the 1960s, the Plaintiff was donated to the land owner, including the land in each of the following (hereinafter referred to as the “each of the instant lands”) from the land owner:

① (2) The E-road 301 square meters (hereinafter “instant land”) in Dongbcheon-si, Dongbcheon-si (hereinafter “the instant land”). (3) Of the 279 square meters in Dongbcheon-si, Dongbcheon-si, Dongbcheon-si, Dongbcheon-si, the part (A) of the 17 square meters in the ship connected in sequence with each point of 1,2, 3, 4, and 17 square meters in the attached Form 2 (hereinafter “instant land”). (4) The 166 square meters in the F-si, Dongbcheon-si (hereinafter “instant land 4”).

B. At the time when the Plaintiff was donated a lot of land, including each of the instant land, the Plaintiff had a large number of unauthorized buildings on that ground.

Since 1965, the Plaintiff entered into a land lease contract with the building owner, and thereafter, upon the request of the building owner, sold each of the instant land in installments as follows.

① On January 13, 1971, the Plaintiff: (a) divided the land of 840 square meters G Daecheon-si into H or D on January 13, 1971; and (b) sold other subdivisions except the land No. 1 to other persons who had resided in each part of the land from that time.

The Plaintiff changed the land category of the instant land No. 1 into a road around 1972.

② The Plaintiff was divided into several parcels between 1966 and 1970, and sold other subdivisions except the land No. 2 from 1973 to 198 to 3,950 to 1978.

The Plaintiff changed the land category of the instant land No. 2 into a road around 1974.

③ On December 14, 1970, the Plaintiff divided the land J 960 square meters into K or L land, respectively.

At the same time, the remaining part of the land C, except the land of this case, is being used as the site.

(4) This shall apply.

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