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(영문) 서울고등법원 2018.07.20 2015나2037311
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The reasoning for this part of the underlying facts is as follows. ① The part of the first instance court’s second to 17 parallels (hereinafter “1.B”) and the part of the third to 13 parallels (hereinafter “1.g”) were used as follows. ② The plaintiff of the third to 16 parallels (hereinafter “the plaintiff”) added “the third to May 8, 2013”; ③ the part “the evidence of the second to 2 and third parallels (Evidence)” was added to “the evidence of the first instance court,” and the part “the evidence of the second to 2 and third parallels (Evidence 12 and the result of appraiser H’s appraiser H’s appraisal)” was added to “the ground of the first instance court’s judgment of the first instance court, citing it as it is pursuant to the main sentence of Article 420 of the Civil Procedure Act, which was used. The land was divided into the land of the first to 14th to 17th parallels (Na17).

(2) The public announcement on the authorization of an implementation plan for the implementation plan for the change of non-high-rise land ownership transfer registration (as of May 27, 2013) to be included in the project site (as of August 16, 2013), the public announcement on the authorization of the implementation plan for the change of the implementation plan (as of August 27, 2013), is being combined with the land on November 6, 2014, J. 70 square meters of 182 square meters in Man-dong-dong-dong-si-si-si-si-si-si-si-si-si-si-si-si-si-si (as of November 28, 2013), 30 square meters in Dong-dong-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-dong-dong-dong-dong-type 14.

1) The defendant has completed the registration of transfer of ownership (competent authority: Ministry of National Defense) based on sale from November 28, 1979 to March 30, 1984 with respect to each of the land stated in the "land before subdivision" table below.

Some of the lands Nos. 6, 8 and the lands Nos. 1 through 5, and 7, among the lands before subdivision, are as follows, subject to the authorization of the execution plan and the authorization of the modification pursuant to the project in this case.

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