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(영문) 대구지방법원 2015.12.04 2015나303889
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall have the land indicated in the attached Table 1 attached hereto to the plaintiff.

Reasons

1. Claim for the land specified in paragraph (1) of the attached Table;

(a) Party A’s evidence of Nos. 1, 2, and 1, 20 of Party B’s evidence of the cause of the claim (including the serial number if any; hereinafter the same shall apply);

According to the purport of each entry and all pleadings, the land listed in attached Table No. 1 (hereinafter “instant land No. 1”).

On March 18, 1965, the registration of transfer of ownership based on sale on May 10, 1956 was completed. According to the land cadastre, the land C was divided into the land No. 1 and L on December 29, 1972. On the same day, the land category of the land No. 1 was changed from the “former” to the “road.” At least the Defendant occupied the land category of the land No. 1 to the “former” from December 29, 1972 to the “road,” and used the said land as the road from December 29, 1972 to the date of closing the argument. According to the above facts, the Defendant, barring any special circumstance, transferred the land No. 1 of this case to the Plaintiff, and ② the Defendant had the obligation to return unjust enrichment that was already incurred from the use of the said land as the road without legal title from the date of closing the argument that the land category was changed to the Plaintiff’s return of unjust enrichment before 197 years prior to the completion of argument.

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