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(영문) 서울중앙지방법원 2014.06.12 2013가합75712
부당이득금반환
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 plaintiff is a clan that is made up of C 10 to D E, and the defendant is a clan that is made up of F G that is four children of the above D.

B. The registration of ownership was completed on July 19, 1969, 100, 100, 100, 100,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00

C. As the Defendant expropriated each of the instant lands on June 26, 2006, it received payment from the Korea Land Corporation totaling KRW 5,396,978,666 (i.e., KRW 1,625,525,525,00 for the instant land (i.e., KRW 3,771,453,666 for the instant land).

On the other hand, the Forest Survey Division and the Land Survey Division prepared under the Japanese colonial Rule are written as follows: on October 5, 1917, K having the domicile in the Donsan-gun M, Chungcheongnam-gun, Chungcheongnam-do, 1917, and on October 1, 1913, 200.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 9, 10 evidence, Eul evidence 23 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. At the time of the Plaintiff’s investigation into land (forest), the Plaintiff sought to view each of the instant land in the name of the Plaintiff’s clan N, but the N died on August 1, 1915, and the N was unable to receive the assessment under his/her name due to his/her age. As such, the Plaintiff’s summary of the Plaintiff’s assertion was under title trust with K who was residing in the Dansan-gun M in which E’s graveyard is located and had it investigate each of the instant land.

L. However, L.

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