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(영문) 서울중앙지방법원 2015.04.08 2014나6076

부당이득금

Text

1. The part against the plaintiffs of the money that orders payment under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On January 7, 1936, the land D, Gyeonggi-do, was divided into E forest and field, and the land category was changed to the road on January 8, 1936. On February 1, 1992, the name of the administrative district was changed to Seoyang-gu F, Yangyang-gu, and the land listed in attached Table 1 (hereinafter “instant land”).

Land listed in Paragraph 2 of the same List (hereinafter “instant land”). On February 18, 1992, the land category was changed to a road along with D land around January 8, 1936 (hereinafter “instant land”). However, the land category was changed to D along with D land on February 18, 1992.

(hereinafter referred to as “each of the instant lands” in the total sum of the instant one and two lands. (b)

Each of the instant lands was owned by H, and around September 26, 1936, the network H was the strong occupation period of the Japanese occupation, the purchase of land D and L land in the Goyang-gun of the Gyeonggi-do, which was the mother lot number of each of the instant lands.

The date of change of ownership under the Forest Register (A2-1, A2-2, B2-1, and B2-4) is indicated on October 12, 1936, but the entry of the register (A1-1) is followed). As H died on April 2, 1976, I jointly succeeded to each of the instant land by the deceased on April 2, 1976 and the Plaintiffs (Plaintiff A’s wife, Plaintiff B’s son, and Plaintiff C’s son). As I died on February 17, 1996, the Plaintiffs jointly succeeded to the net I’s shares on each of the instant land.

(Therefore, the shares in each land of this case are 5/39 for plaintiffs A, 20/39 for plaintiffs B, and 14/39 for plaintiffs C).

On the other hand, the land of this case and the land of Gyeyang-gu Seoul Metropolitan Government G was incorporated into the road building section of national highways 39 lines (building section between walls and government sections) executed by the Seoul Metropolitan National Land Management Office around 1972, and is currently being used as part of national highways 39 lines.

[Grounds for Recognition] Unsurged Facts, Gap evidence 1 to 6, Eul evidence 1 to 2.