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(영문) 의정부지방법원 2015.01.16 2013가단30936

부당이득금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 22, 2002, Jin-gun, Yangju-gun, Jin-gun, Yangju-gun, Jin-gun, Jin-gun, Jin-gun, divided the area into 4,364 square meters of Jin-gun and 275 square meters of Kin-gun, and Jin-gun into 4,089 square meters of land and 275 square meters of land. On June 4, 2003, Jin-gun was divided into 3,952 square meters of Lin-gun and 3,082 square meters of land and 870 square meters of forest.

On October 19, 2003, the instant L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L

B. (i) the formation of the road on the land before the division of this case (hereinafter “non-party clan”) was registered as a preservation of ownership on the land before the division of this case under the name of N on June 20, 1970. On October 18, 2001, N’s heir completed the registration of ownership transfer by subrogation and completed the registration of ownership transfer in the future of the non-party clan.

The part of the instant land divided from the land before the instant partition on June 4, 2003 was naturally occurring since before around 1982 and was used as the passage of the residents. The part of the instant land, which was divided into the land before the instant partition, was expanded to the road with the area of 403 square meters (hereinafter “the portion of the instant road”), which was used as the passage of the residents, in turn, in the following order: 1, 19, 18, 17, 31, 32, 26, 25, 24, 23, 22, 21, 20, 20, and 1 of the attached drawings among the instant land.

At the time of the extension of the road, the non-party clan agreed to provide the road portion owned by the non-party clan as the site for the road and used by the residents, and did not demand the payment of compensation or user fees.

C. The Plaintiff’s ground for acquisition of ownership (i.e., the non-party clan) is being used as a road among the land before the instant partition, the land before the instant partition, the forest land of 165 square meters in Yangju-si, and the current status of Q 754 square meters in Q Gun, between theO that represented the Plaintiff on June 2, 201.