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(영문) 서울동부지방법원 2016.12.15 2014가합103730
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership preservation in his name regarding each of the real estate listed in the separate sheet in the location of land in the separate sheet (hereinafter “each of the instant real estate”).

B. Under the former Local Autonomy Act (amended by Act No. 4004 of Apr. 6, 198), the Do and the Seoul Special Metropolitan City and the Eup/Myeon shall be established under the direct jurisdiction of the Government; under the jurisdiction of the Do, the Do and the Eup/Myeon shall be established under the jurisdiction of the Do (Article 2); under the former Local Autonomy Act (amended by Act No. 4004 of Apr. 6, 1988), the amendment was made from May 1, 1988 under Article 1 of the Addenda of the former Local Autonomy Act (amended by Act No. 4004 of Apr. 6, 198; hereinafter referred to as the “Local Autonomy Act”), the amendment shall be made within the jurisdiction of the Special Metropolitan City and Metropolitan Cities; under the jurisdiction of the Special Metropolitan City and Metropolitan Cities; under the jurisdiction of the Do; under the jurisdiction of the Do, the Seoul Special Metropolitan City and Metropolitan Cities, and under the jurisdiction of the Do and the Do within the jurisdiction of the Do and autonomous Gu.

(Article V(2)(c).

1. When the implementation of the self-government system under the Local Autonomy Act was scheduled, the adjustment of the property between the defendant and the autonomous Gu to be newly constituted was required, and accordingly, the Minister of Home Affairs issued the guidelines for adjustment of property to the defendant on May 18, 1987, and the Minister of Home Affairs in accordance with this guidelines.

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