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(영문) 서울남부지방법원 2018.06.19 2016가단225456
부당이득금
Text

1. Plaintiff (Counterclaim Defendant)’s claim against Guro-gu Seoul Metropolitan Government and Seoul Special Metropolitan City.

Reasons

1. Facts of recognition;

A. On September 3, 2015, the Plaintiff (Counterclaim Defendant; hereinafter only the Plaintiff) filed a lawsuit against the Republic of Korea on the ground that “the Plaintiff’s prior owner of the Plaintiff acquired the instant land on August 27, 1910 on the ground that “the Plaintiff’s prior owner would have completed the agreement on the division of inherited property with other heirs by way of the sole inheritance of K,” and the said court received a judgment accepting the Plaintiffs’ claim on April 21, 2016, which became final and conclusive around that time.

B. On September 2, 2015, the registration of transfer of ownership was completed on July 31, 1945, on the ground of inheritance by consultation and division, with respect to the land of 3m2m2 (hereinafter “instant 2m2”) and 172m2 (hereinafter “instant 3m2”) of the 172m2 (hereinafter “instant 3m2”).

C. The plaintiffs' shares in each of the lands of this case are as shown in the separate sheet.

The land of this case was unregistered land, and according to the airline margin, it was used in the non-packaged road form in around 1974, and it was installed a two-lane road from the asphalt around 197.

E. Since 1945, land of this case 2 and 3 belongs to a major road which combines L institutions (current location in Seocheon-gu M) and Seocheon-gun NMyeon Office (current location in the O of Seocheon-gu, Seocheon-gu). Since then, it continues to be used as a road, and the defendant (Counterclaim Plaintiff; hereinafter referred to as the defendant) has occupied and managed it.

F. During the process of changing land subject to the land subject to the instant land Nos. 2 and 3 (1), the Seoul-do Busan-gun P, the land appurtenant to the instant land No. 2 and 3, was assessed against Q on September 20, 1913 (the 85th of the 472 level is included in the road), and the Sin-do Council on April 12, 1929.

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