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(영문) 대전고등법원 2019.07.25 2019나11041
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On October 16, 1995, the land of this case was divided into 28,947 square meters of P forest and 331,537 square meters in Daejeon-dong, Daejeon-gu, Daejeon-gu P forest and 28,947 square meters in Q2,590 square meters in size. 2) After that, on March 14, 2007, the land of this case was divided into 2,278 square meters in P forest and 2,152 square meters in size, D forest and 4,612 square meters in size, E forest and 19,905 square meters in size in F forest and 28,947 in Daejeon-gu, Daejeon-gu.

3) On March 14, 2007, the Daejeon Dong-gu P Forest was subject to registration conversion of 2,278 square meters for a 2,277 square meters for a forest land in Dong-gu Daejeon, Daejeon on March 14, 2007. On August 6, 2009, the land category was changed from forest land to miscellaneous land to miscellaneous land, and the land category was 2,277 square meters for the Dong-gu, Daejeon. B. On February 26, 2001, R was awarded a successful bid of 28,947 square meters for a forest land in Dong-gu, Daejeon Special Metropolitan City, which was owned by S at voluntary auction, and completed the registration of ownership transfer for the said land on the same day.

2) On January 21, 2008, the Plaintiff completed the registration of ownership transfer based on payment in kind on November 14, 2005, respectively, with respect to the 2,277m2, D forest land, 2,152m2, E forest land, 4,612m2, and F forest land 19,905m2 in Daejeon-dong, Daejeon-gu, where the registration of ownership transfer was made under R’s name on January 21, 2008. (C) The Republic of Korea purchased the normal part of P forest 331,537m2, P forest in Daejeon-dong, Daejeon-gu, to use it as a site for military facilities, such as telecommunication relay stations, etc. on the land around that time.

(However, on November 3, 1981, the above telecommunication relay building had existed on the land in Daejeon Dong-gu T-gu, Daejeon, and the registration of ownership preservation was made in the future of the Republic of Korea in the register. The ownership transfer to the defendant was made in order from around 1983 to December 30, 1993.

2. The Defendant’s assertion 1,2,277m2, D forest land, E forest land, 4,612m2, F forest land, 19,905m2 in the attached Form No. 1,2,3,4, 11,90, 91, 92, 93, 94, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 1 of the attached Form No. 1,205m2 from the time when the ownership of the above telecommunications relay, etc. was transferred from the Republic of Korea.

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