부당이득금
1. The Plaintiff (Counterclaim Defendant) shall acquire by prescription on April 28, 1998 with respect to the land size of 63 square meters on the Daegu-gu Road B from the Defendant (Counterclaim Plaintiff).
1. Facts of recognition;
A. On April 28, 1978, the Daegu Seo-gu B-gu road size of 63 square meters (hereinafter “instant land”) was divided into 60 square meters (hereinafter “land before division”); on the same day, the land category was changed to “road” on the same day.
The specific process of subdivision and land category change of the land of this case are as follows.
(1) On March 23, 1971, the land originally partitioned was six square meters in size at the time of subdivision.
B. At around 1977, G road and H market road expansion works implemented by the G, which were incorporated into the “F tending project,” the 15th of the first 2th eth eth eth 1, the surrounding land prior to the division (hereinafter “the part incorporated into roads”).
On August 3, 197, 877,500 won was paid to the owner J at the time of the appraisal.
Consolidatedly, the Plaintiff purchased the land before November 30, 197, after the time when the payment of compensation for the part incorporated into a road is completed and the road expansion works are completed, and purchased from J 22 am including the part incorporated into a road on the same day, and completed each registration of ownership transfer on December 1, 1997.
x immediately after the plaintiff completed the registration of ownership transfer, the former land (the area of six square meters at that time) was 5 square meters prior to K, L, 14 square meters prior to M, and 13 square meters prior to M on December 23, 197, and its area was 38 square meters. On December 28, 1977, the above I land was 22 square meters added and its area was 60 square meters.
(v) the instant land was divided into the land before subdivision on April 28, 1978, and the land category was changed to “road” at the same time, and at the time the land was incorporated into the instant land.
B. From April 28, 1978, the Defendant (hereinafter referred to as the “Defendant”) who succeeded to the status of the Gyeongbuk-gun and that succeeded to the status of the Gyeongbuk-gun (hereinafter referred to as the “Defendant”) occupied and managed the instant land as a road to the general public.