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(영문) 광주지방법원 2015.11.25 2014가단40256
원상회복 및 부당이득반환
Text

1. As to the Plaintiff-Counterclaim Defendant, the Defendant-Counterclaim Defendant:

A. List 2, 3, 25.25. of the attached Form No. 1,507 square meters prior to Jeonsung-gun, Jeonsung-gun

Reasons

1. Facts of premise;

A. On August 22, 1917, the 2nd five parts of the 2nd five parts of the D Forest land in Jeonsung-gun was under the name of E on August 22, 1917. On January 31, 1946, the said land category was changed to the maintenance of the said land, and F was registered as 1507 square meters prior to C on June 30, 1964.

(hereinafter “instant land”). B.

The instant land is inherited in sequence from E to G and the Plaintiffs, and the Plaintiffs own each 1/2 shares.

C. Of the instant land, the part indicated in the annexed drawing 1 is a reservoir and the part is a bank, and the part is a bank, and around February 13, 1979, while the head of Sungsung head of the Gun managed and used, the rights and duties and comprehensive succession to the instant land was made to the Harable Association under the former Farmland Improvement Association Act. The Korea Agricultural and Rural Infrastructure Corporation (the change to the name of the Korea Rural Community Corporation after the date) comprehensively succeeded to the property, etc. of the Harable Association by the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund Act around

Of the land in this case, the three parts of the C&C are occupied and used by Defendant M&C.

【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence of subparagraphs 1 through 6, Eul’s evidence of subparagraphs 1 through 7, Eul’s evidence of subparagraphs 1 through 4, Eul’s evidence of subparagraphs 1 through 4 (including serial number; hereinafter the same shall apply), the result of the request for surveying and appraisal to the Korea Cadastral Corporation by this Court for surveying and appraisal, the purport of the entire pleadings

2. The plaintiff and the defendants' respective arguments

A. The Plaintiffs asserted as to the cause of the Plaintiff’s principal claim, as the Defendant Corporation occupied and used either the part 1 of the instant land and the part 2 of the instant land, and the part chise-gun occupied and used the instant land as the site or road of the reservoir without any authority, the Defendants are obligated to remove each of the instant land to restore it to its original state, and to return unjust enrichment equivalent to the rent for the use of the instant land.

B. The defendant head of the military unit claiming the cause of the counterclaim by the defendants was nationwide implemented around 1943 or around 1944, the Japanese governor of the military unit of Korea.

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