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(영문) 서울동부지방법원 2016.07.13 2014가합110387
부당이득금 반환청구
Text

1. The Gangdong-gu Seoul Metropolitan Government, Defendant:

A. As to KRW 89,934,494 and KRW 88,276,053 among the Plaintiff, November 1, 2014.

Reasons

Basic Facts

The assessment of the land and the division F were assessed at 1,129 square meters (hereinafter “I land before division”) before the G of Gyeonggi-gun (Seoul Gangdong-gu H) (hereinafter “Seoul Gangdong-gu H”).

Before subdivision, I was divided into J, K, and L land on March 20, 1953, and became the land of Seongdong-gu Seoul Metropolitan Government J, K, and L due to the administrative district change, and the said J land was further divided into J land (hereinafter “J land before subdivision”) and M and N land on December 20, 1962.

In addition, regarding J land 647 square meters before subdivision, the Korea Cadastral Association, the Seoul Branch of the Seoul Branch, surveyed on May 14, 1964, and prepared a survey map on the said land. On September 8, 1966, the Sungdong Head of the Sungdong District Tax Office submitted a land division report to divide the J land into 53 parcels of land before subdivision with the aforementioned survey map attached. Ultimately, on September 16, 1966, the J land before subdivision was divided into 53 parcels of land including Seongdong-gu Seoul O land 122 square meters (hereinafter “O land before subdivision”).

Land of March 2, 1998 and the land listed in Annex 1 List 2 (hereinafter “S land”) in the O land before subdivision was partitioned, respectively, and the land listed in Annex 1 List 4 (hereinafter “T land”) was partitioned from the said R land on July 9, 2004.

(A) The land in the separate sheet No. 1 (hereinafter referred to as “each of the instant lands”), which is the land after subdivision, is written in the documents related to each of the instant lands and in the old land cadastre as to the J land before the division of inheritance relations, and is written as F. F. U. on September 8, 196, after the error was corrected to U on September 8, 196, the ownership is preserved in the Republic of Korea on August 29, 1968, and is written as U.S. owner in the land cadastre of 52 land divided from the J land before subdivision, including the O land before subdivision, and the owner of the 52 land divided from the J land before subdivision, and the Republic of Korea completed the registration of preservation of ownership on August 29, 1968.

On the other hand, F.F.

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