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(영문) 서울북부지방법원 2020.01.08 2018가단103362
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On February 5, 1960, the networkF purchased GJ 256 square meters on February 5, 1960, completed the registration of ownership transfer on February 29, 1960, purchased H large 62 square meters on December 13, 1963, and completed the registration of ownership transfer on December 18, 1963.

(2) On August 29, 1970, the networkF divided the H 622 square meters into I or J on August 29, 1970, prepared and submitted a report on the division of land to divide G 256 square meters into G, K or L, and the division of land was conducted according to the details of the report.

(B) On February 3, 1978, the Plaintiffs asserted to the effect that it is difficult to recognize that the networkF reported land division as above with the evidence Nos. 1 and 2 of B. However, such assertion is difficult to accept). (3) On February 3, 1978, the conversion registration was made at a horizontal distance with respect to the divided lands, and among them, the land category was changed to a road on June 1, 1978 with respect to M large 235 square meters.

Since then, from the 235 square meters of the above MM road to August 26, 2015, the 218 square meters of N-road and 12 square meters of the O-road (attached Form 3 real estate list; hereinafter “three land”) were divided, and the M-road 5 square meters (attached Table 3 real estate list 2; hereinafter “second land”) remains.

④ Plux 53 square meters (attached Table 3, No. 1; hereinafter referred to as “one parcel of land”) is the land partitioned on August 29, 1970 from H large 622 and registered for conversion into a square meter on February 3, 1978. Q large 3 square meters (attached Table 3, No. 4; hereinafter referred to as “4”), R large 86 square meters, and real estate list No. 5, No. 86 square meters (hereinafter referred to as “five parcel of land”), and “each parcel of land” in total, is called “each parcel of land”.

the land was divided from G 256 on August 29, 1970 and converted and registered on February 3, 1978.

B. The location, shape, and current status of each land of this case are as follows:

The following symbols1 through 5 of the drawings shall be listed respectively:

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