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Reasons
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(영문) 서울북부지방법원 2020.06.09 2018가단125218
부당이득금
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1. All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) shall be the real estate listed in the attached Table.

Reasons

1. Basic facts

A. On April 2, 1971, real estate listed in the separate sheet (hereinafter “instant land”) was registered for transfer of ownership in the name of corporation I on April 2, 1971. On December 31, 1993, registration for transfer of ownership was made in the name of J on December 18, 1971, and thereafter, registration for transfer of ownership was made in the name of the Plaintiff on May 2, 2008.

B. Since 1971, land category was not only a road but also a road has been actually used.

As seen below, the instant land is relatively long, and its width is narrow, and according to the instant land, the following sub-paragraph C, which are owned or owned by the Defendants, are partially adjacent to each other.

C. The land owned or owned by the Defendants that are adjacent to the instant land and each of its ground buildings and their ownership changes are as listed below.

The same year for the registration of ownership transfer on April 30, 1997 for a 1 K large 102 square meters (hereinafter referred to as “land”) per 1 K large 1 m2 square meters per 1 K owner of the new year of the new construction, and slvea 2 m2 61.06 m2 22 m2 1st floor of 61.30 m22 m2,000 square meters per 12.79 m22

3. The registration of ownership transfer on October 2, 200 (the same year) by Defendant B

9. 1. Sale and purchase) On June 13, 1973, Defendant B 2 Mand 99 square meters (hereinafter “B land”)

(2) On May 4, 1994, the registration of ownership transfer (the same year) was made on May 4, 1994.

2. On June 13, 1973, Defendant C3 N 112 square meters (hereinafter “III”)

2) On May 3, 1989, the registration of ownership transfer on May 3, 1989 (the same year)

3. 15. Sales) Defendant G G on May 6, 1999 (the same year);

1. The registration of transfer of ownership on June 7, 2017 (the same year) by Defendant D;

5. On December 5, 1972, Defendant D 4 P, 112 square meters (hereinafter “No.4”)

On July 19, 1989, a single house of 47.27 square meters 2 stories 47.27 square meters 2 stories 66.98 square meters Q.

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