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(영문) 의정부지방법원 고양지원 2017.02.10 2016가단76288
부당이득금
Text

1. The Plaintiff:

A. Defendant Korea’s KRW 3,90,079 and its interest shall be annually from May 10, 2016 to February 10, 2017.

Reasons

1. Basic facts

A. The land listed in the separate sheet (1) ownership relationship of each of the instant lands (hereinafter “each of the instant lands”) was owned by the Plaintiff. The land was designated as farmland subject to distribution under the former Farmland Reform Act (repealed by Act No. 4817, Dec. 22, 1994; hereinafter “former Farmland Reform Act”) and was sold to the Defendant Republic of Korea, and the preservation of ownership was completed in the name of the Defendant.

(2) As Seoul Central District Court Decision 2014Gahap520912, the Plaintiff filed a claim against Defendant Republic of Korea to the effect that, on the ground that each of the instant lands was returned to the Plaintiff, the registration procedure for cancellation of the registration of ownership preservation, which was made in the name of the Defendant Republic of Korea, for the following reasons: (a) on October 23, 2014, the Defendant Republic of Korea paid KRW 5,000,000 from the Plaintiff; and (b) on October 23, 2014, the Defendant Republic of Korea paid KRW 5,00,000 to the Plaintiff at the same time, and the said judgment became final and conclusive.

(3) Since then, the Plaintiff filed a lawsuit against the Defendant Republic of Korea seeking the cancellation of registration of initial ownership relating to the remaining land, etc. among each of the instant lands, under the name of the Republic of Korea, for which the Plaintiff filed a claim against the Defendant Republic of Korea for the cancellation of registration of initial ownership relating to each of the instant lands. On June 16, 2015, the Defendant Republic of Korea, as of June 16, 2015, cancelled registration of initial ownership relating to each of the instant lands, and the Plaintiff paid KRW 10,00,000 to the Defendant Republic of Korea, and the decision of recommending reconciliation was

(4) On January 6, 2015, according to the above judgment and the decision of recommending reconciliation, registration of preservation of ownership or registration of change of ownership in the name of the Plaintiff was completed on October 12, 2015 with respect to the land listed in paragraph (1) of the attached Table No. 1, and on October 2 through 6, 2015.

B. Defendant on the use of the instant arable site

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