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(영문) 서울고등법원 2016.12.16 2016나2008822
부당이득금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

(a) E: 44 years of scenic value (1911);

6. 25. Gyeonggi-do 25. Circumstances were assessed against Gwangju-gun D 2,848.

B. In the Dog-young, drafted under the Decree of the Republic of Korea established on March 16, 1914, the taxpayer is written as J in 2,254, G 267, H 224, and I 103.

C. The old land cadastre that was lost due to the Korean War on March 20, 1953 and restored on March 20, 1953 is indicated as follows: ① G road 458 square meters on March 20, 195, 1, the GF 1,424 square meters, G 370 square meters, H 88 square meters, H 830 square meters, I return 830 square meters, and O return 136 square meters; ② H 88 square meters on March 20, 1953 was merged into G 370 square meters and entered as G 458 square meters.

G road 458 square meters in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant land”) was changed on September 1, 1977 and October 1, 1979 due to the conversion of the area and the change of administrative district into the unit of area.

E. The instant land was used as a road after being assigned to “W”, which is part of V local roads recognized as U.S.’s U.K.’s announcement in 1938. From that time, the occupation and management damage was incorporated in Gwangju-gun in Seoul Special Metropolitan City since 1963, the entire land of this case was 12 meters wide, and the Defendant was assigned to and managed by the Defendant from May 1, 198, and was recognized as a public announcement of the recognition of the old-do route in Gangdong-gu Seoul Metropolitan Government public announcement of Gangdong-gu Seoul Metropolitan Government on May 15, 199.

F. According to W Road Formation Details (Evidence No. 32 of A), “Contents on the Geographical Name Book” column means 267 Guide No. 13 (1938) of Gwangju-gun about 13 years (1938).

9. 16. Dividedly stated that it was non-taxable, and “non-taxable” means the 88th return and the 103th return and the 103th return were fire 17 years (1942).

4.1. It is written that, as incorporated into a road, the area of the said three parcels is 1,514 square meters (458 square meters) if they are combined.

G. The J, as the taxpayer, died on November 26, 1958, and N, as the family head heir and property heir, was N from the Seoul High Court on November 7, 1980.

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