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(영문) 서울중앙지방법원 2018.05.25 2017가단5134983
부당이득반환 청구의 소
Text

1. The Defendant’s KRW 172,196,363 as well as the Plaintiff’s annual rate from July 14, 2017 to May 25, 2018.

Reasons

1. Facts of recognition;

A. According to the Forest Survey Division prepared at the time of the Japanese colonial rule, D’s forest land B in Suwon-gun is indicated as being living in Suwon-gun C with the fact that D’s forest land located in Suwon-gun C.

B. The Gu Suwon-gun B was composed of 5,058 square meters of B forest land in the Seosung-si, Gyeonggi-do (hereinafter “instant real estate”), following the procedures for changing the administrative district and the area unit, and 1969 square meters.

3. The registration of ownership preservation of the Defendant’s name was completed on July 16, 2012, and the registration of ownership transfer was completed in the name of the Gyeonggi-do Si Corporation (35/100 of shares) and the Seosung Urban Corporation (65/100 of shares) with respect to the above real estate on July 16, 2012. The grounds for registration was the acquisition of public land on July 12, 2012, and the lot number cancellation and registration record was closed on December 14, 2016.

C. Meanwhile, the Defendant, while transferring the instant real estate to the Gyeonggi-do Si Corporation and the Seosung Urban Corporation, entered into an agreement on the acquisition of public land and entered into a written agreement. At the time, the sales price of the instant real estate was KRW 473,540,00.

On November 7, 1921, 1921, the network F, the permanent domicile of which is E, died, and the deceased on November 7, 1921, the deceased on April 14, 1947, the deceased on April 14, 1947, and the deceased on January 7, 1951, the deceased on January 7, 195, and the deceased on January 1, 195, the deceased on the deceased on the part of the deceased on his family.

On June 29, 1979, the deceased I declared missing on June 25, 195 (the expiration of the period during which the life or death is unknown on June 25, 1955). According to the Civil Act (amended by Act No. 3051, Dec. 31, 1977) enforced at the time of the adjudication of disappearance, I independently succeeded to the property. The deceased J was succeeded to the inheritance shares of the 4/11 of the Plaintiff and N, respectively, as their lineal descendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, fact-finding results on the Head of Suwon State Forest Administration, purport of the whole pleadings

2. The plaintiff's assertion of the real estate of this case.

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