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(영문) 의정부지방법원 2018.08.16 2017나5922
부당이득금 등
Text

1. The part against the plaintiff in the judgment of the first instance, including the plaintiff's claim reduced in the trial, is as follows.

Reasons

1. Basic facts

A. The registry on H 8,555 square meters (hereinafter “instant land”) was entirely destroyed due to the incident of 625 square meters at the time of Pakistan.

B. According to the statement of each remaining sale certificate (which was written around the date of forgery, and was written around the date indicated; hereinafter “each sale certificate of this case”) as to the land of this case, J sold the land of this case to L on July 1, 1932 and received the seal of the registry office on the 19th day of the same month in the sale certificate, and the above L again sold the land of this case to N and K ( Address: Address: O on December 10, 1948) and obtained the seal of the registry office on March 2, 1949 in the sale certificate.

C. However, on May 10, 1938, the deceased and the defendant and the deceased I filed a lawsuit against the Republic of Korea to confirm the ownership of the instant land (Seoul District Court 97Gahap21342) by asserting that the above J sold the instant land to the deceased I and completed the registration of ownership transfer in the deceased I on May 18, 1938, and that the above court accepted the above assertion and sentenced that "the deceased I's heir shall confirm that the instant land is owned by inheritance shares."

The above judgment became final and conclusive around that time.

The deceased I’s inheritors, including the Defendant, completed the registration of ownership preservation on October 11, 199 on the land of this case based on the above judgment, and thereafter completed the registration of ownership transfer under the Defendant’s sole name on November 2, 200 through consultation on inherited property division and share sale.

E. Meanwhile, the property of the deceased K (the birth of the head of the Gu, the death of September 16, 1959) was inherited solely by the deceased A (the death of April 30, 2017). The deceased A’s heir is the co-Plaintiff B of the first instance court, the Plaintiff, the children of the deceased, and the co-Plaintiff C, the E, and the F.

[Ground of recognition] A without dispute; Gap evidence Nos. 2, 5 through 9; Eul evidence Nos. 1 and 2; the result of the appraisal by the appraiser M in the first instance court; the purport of the whole pleadings

2. Determination on the cause of the claim

A. As to the claim for ownership verification, 1.

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