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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. After examining D on August 21, 1913, the registration of ownership transfer was made on February 24, 1917; F on April 21, 1924; F on December 24, 1930; the Defendant’s mother H on March 11, 1988, the registration of ownership transfer was made on October 20, 1967; and on May 27, 1996, the registration of ownership transfer was completed on May 25, 1996.
B. On November 28, 2011, the instant land was expropriated with the I institution, and the Defendant received KRW 177,547,400 as compensation.
【Ground of recognition】 The fact that there is no dispute, Gap 2 evidence, 8-1, 2, and 1 evidence, and the fact-finding with the head of the first institution of this court, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. On October 28, 1942, the Plaintiff’s assertion J purchased 30 square meters and 3 buildings on the instant land from K, and the Plaintiff’s attached L purchased the above 30 square meters and 3 buildings from J on July 5, 1947. ① The Defendant agreed to return the amount equivalent to the above 30 square meters out of the compensation for the instant land to the Plaintiff, and ② even if not, the Defendant’s mother H agreed to transfer 40 square meters of the instant land owned by the Plaintiff to the Plaintiff in installments. As such, the Defendant is obligated to return KRW 18,471,159 equivalent to the above 40 square meters out of the compensation for the instant land to the Plaintiff with the agreed deposit or unjust enrichment.
B. As a result of the fact-finding on the evidence Nos. 10-1, 2, 14-1, 2, 15-2, and 17-1, 2, and 17-1, 2, and 17-1, and the fact-finding on the deputy governor of the Korea Land and Land Information Corporation in this Court, the witness M’s testimony alone agreed to return to the Plaintiff the compensation amount equivalent to 30 square meters or 40 square meters out of the land in this case.
H. H. This case.