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(영문) 서울중앙지방법원 2018.08.30 2017나57877
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall enter the plaintiffs in the ratio of shares in attached Form 1.

Reasons

1. Basic facts

A. The land survey division prepared in the Japanese occupation period is written by stating that “L” was the assessment of the Gyeonggi-do Vri (hereinafter “Vri only”) M forest M 1,478 square meters (hereinafter “instant assessment land”).

The address of land investigation L is a blank.

B. On March 20, 1953, the assessment land of the instant case was divided into five parcels, including N Forest 647 square meters, O 37 square meters, P ditch 35 square meters, Q ditch 160 square meters, and R prior to R 59 square meters, and the P ditch 35 square meters was divided into 29 square meters (96 square meters) and 6 square meters (20 square meters) of P ditch 20 square meters) on November 20, 1972.

(hereinafter referred to as the “instant land”), together with the two parcels divided,

Under the supervision of the Ministry of Finance and Economy, the Defendant, the State, prepared a list of real estate subject to review on the preservation of unregistered rights including the land of this case by using cadastral computerized data as part of measures to preserve rights of state property, and notified the competent City/Do around October 1992. The Si/Hanam City, by treating the land of this case as non-owned real estate, announced the non-owned real estate on August 14, 1993, and made a public announcement on August 11, 1995, prepared a protocol for perusal of the registry and applied for registration of the owner in the cadastral record on December 12, 1995, and completed the registration of preservation of ownership on the land of this case by the Suwon District Court, Sungnam-nam Branch Branch Office,

On November 24, 2011, the Defendant agreed to transfer the instant land to the Korea Land and Housing Corporation (hereinafter “instant land acquisition”) at KRW 81,960,000, and received the said KRW 81,960,000 as compensation from the Korea Land and Housing Corporation on November 30, 201, and completed the registration of transfer by agreement with the Korea Land and Housing Corporation on November 24, 201, on December 8, 2011.

E. The Korea Land and Housing Corporation applied for the confirmation of the formation of an agreement by obtaining authentication as to the agreement that constitutes grounds for the registration of transfer of ownership to the land No. 1 of this case, and the Central Land Expropriation Committee confirmed on October 23, 2014.

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