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(영문) 서울중앙지방법원 2019.08.14 2017가단5236964
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 21, 1987, the Plaintiff registered the transfer of ownership with respect to each of the instant lands (hereinafter “Plaintiff’s land”) shall be the Dongjak-gu Seoul Metropolitan Government land of 162 square meters (hereinafter “Plaintiff’s land”).

(2) On July 4, 1988, the Defendant’s husband D (hereinafter “the deceased”) completed the registration of transfer of ownership on the ground of sale on July 2, 1988, with respect to the land E, Dongjak-gu Seoul Metropolitan Government E, 139.8 square meters (hereinafter “Defendant’s land”).

3) The Plaintiff’s land is located at the 1/1200 registration region where the accumulation of the Plaintiff’s land was located, and the Defendant’s land is located at the 1/600 registration region where the survey was conducted, and there is no unregistered land that is not indicated in the cadastral map between the boundary surveyed from the Plaintiff’s land and the boundary surveyed from the Defendant’s land where the survey was conducted. (B) The Deceased’s land occupation and the Defendant’s succession 1) obtained possession of the land from the former owner of the Defendant’s land as well as possession of the land between the boundary of the Defendant’s land and the boundary of the wall and retaining wall of the Plaintiff’s land (hereinafter “additional land”) and entered into a sales contract on July 2, 198 with respect to the Defendant’s land on April 4, 198 as the delivery date of the real estate name map, remainder payment and ownership transfer registration document. However, the ownership transfer registration on the Defendant’s land was completed around July 4, 1988.

In light of these circumstances, the Deceased appears to have paid the balance on July 2, 1988 and occupied the Defendant’s land.

This was occupied and used.

Among them, part of the Plaintiff’s land is 11 square meters inboard (B) connected with each point of the attached Form 1, A, 8, 7, and 1 (hereinafter “instant land”) and the remainder of the land is the same.

3) The deceased died on February 14, 2013.

The defendant's land alone according to the agreement on division of inherited property.

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