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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
In the first instance court, the plaintiff filed a claim for damages and a claim for restitution of unjust enrichment against the defendants. The court of first instance accepted the claim for restitution of unjust enrichment and dismissed the claim for damages.
Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for damages.
Basic Facts
On October 1, 1913, the deceased C’s land situation before the instant partition and the network C residing in the Hanwon-gun, Gangwon-do, the land division of which was conducted before the instant partition was conducted, and around October 1, 1913, the Gran-gun, the Gyeonggi Yang-gun, the 927 Embling-gun (hereinafter “the land before the instant partition”).
After that, the land prior to the division was divided into D- 106 square meters (hereinafter “D land”), E- 66 square meters (hereinafter “E land”), F- 2,645 square meters (hereinafter “F land”), and G bank 248 square meters (hereinafter “G land”).
On September 27, 1995, the registration of initial ownership was completed in the name of Defendant Republic of Korea (the Ministry of Finance and Economy) with respect to D land including the conclusion of each of the instant sales contract between the Defendants and the Plaintiff. On December 30, 1999, the Plaintiff entered into a land sales contract with Defendant Republic of Korea to purchase the said land in 12,296,000 won (hereinafter “the first sales contract”) and completed the registration of ownership transfer on May 4, 200 for public land acquisition under the Plaintiff’s name.
On June 30, 1965, the registration of ownership transfer was completed under the name of Yangyang-gun on May 1, 1981 due to the change of administrative district. On October 22, 2001, the Plaintiff entered into a contract to purchase KRW 46/66 of the above land at KRW 1,886,000 (hereinafter “the second sale contract”). On October 25, 2001, the Plaintiff completed the registration of ownership transfer on the ground of a public land land consultation under the name of the Plaintiff, and on March 29, 200 with respect to the share of 20/66 of the above land, from the Defendant Namyang-si on March 29, 200.