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1. The part against the Defendant regarding the claim for restitution of unjust enrichment in the judgment of the first instance shall be revoked, and the revoked part shall be revoked.
Reasons
1. Facts of recognition;
A. During the process of the division and merger, land category change, and ownership change of the instant land, etc.: ① The part remaining after division and land category change are changed into a road from 49 to 43 on March 15, 1956 by the JJ from 49 to 43 on March 15, 1956, which was owned by M (hereinafter “O”), but the land category was changed to a road and the land category change was entered only in the land cadastre but not registered.
② The portion remaining after division of Qu 647 from Q 647 to R 632 from Mar. 15, 1956 and R 2 from R 632 was divided. The land category was changed to a road, but the land category was changed to 13th and R 2nd, but the land category was divided and land category was changed to 2nd, but it was not registered.
③ On March 12, 1962, S completed the registration of transfer of ownership on each land registered at J 49 square meters and Q Q Q 647, which was completed on March 12, 1962, and March 26, 1971.
④ On December 31, 1983, T has completed the registration of division as stated in the above paragraph (1) with respect to Q Q 647 square meters, and completed the registration of division as to Q Q 642 square meters, and completed the registration of division as to P 142 square meters (43 square meters before the conversion into the area) and F 2,020 square meters (61 square meters before the conversion into the area) with respect to P 142 square meters (42 square meters before the conversion into the area) and F 2,020 square meters (61 square meters before the conversion into the area) on April 5, 1974.
⑤ On August 12, 1986, W, August 23, 1988, L, respectively, completed the registration of ownership transfer with respect to the P paddy field of 142 square meters and F 2,020 square meters, which is owned by T, and W, on June 19, 2002, changed the land category of each of the above land into “gi”. On November 4, 2010, the Defendant completed the registration of ownership transfer with respect to each of the above land, the land category of which has been changed, and completed the registration of ownership transfer on November 1, 2012.
(6) Registration shall be made in the name of D on October 21, 1999.