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(영문) 서울중앙지방법원 2017.08.10 2016가단5303492
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land survey book prepared during the Japanese occupation period is written by stating that the Plaintiff’s unknown address was assessed at 1,478 square meters in the Gyeonggi-do Gwangju-gun M Forest (hereinafter “instant assessment land”).

On March 20, 1953, the assessment land of this case was divided into five parcels: 647 square meters, 37 square meters, 35 square meters, Q culvert 160 square meters, and 59 square meters prior to R, etc. on March 20, 1953. Among them, the P ditch 35 square meters was subdivided into 29 square meters and 6 square meters of P ditch on November 20, 1972.

(hereinafter referred to as “instant land” in total. B.

As to the land of this case, the registration of ownership preservation was completed in the name of the defendant under the receipt of No. 53765 on December 12, 1995 by Suwon District Court, Sung-nam Branch of Sung-nam Branch of the Suwon District Court.

On November 24, 2011, the Defendant agreed to transfer the instant land in KRW 81,960,000 with the Korea Land and Housing Corporation that performed public works on the instant land, and received the said money from the Korea Land and Housing Corporation on November 30, 201 as the compensation for the instant land.

Accordingly, the Defendant completed the registration of ownership transfer to the Korea Land and Housing Corporation on the ground of the acquisition by consultation as of November 24, 201 (hereinafter “instant acquisition by consultation”) under the Korea Land and Housing Corporation Act, No. 32135, which was received on December 8, 2011 from the Suwon District Court, Sung-nam Branch Branch of the Suwon District Court (Seoul District Court).

C. The Plaintiffs are part of U’s inheritors who died on June 16, 1920, who resided in the Gwangju-gun T, Gyeonggi-do’s permanent domicile.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 23 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion is that the plaintiffs are the successors of L, the land of which the plaintiffs had the assessment of the assessment of the assessment land, and the defendant, without any authority, completed registration of preservation of ownership in the future of the defendant, should cancel registration of preservation of ownership of the land of this case. However, the land of this case should be disposed of to the Korea Land and Housing Corporation, and KRW 81,960,00

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