부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for a case where the part of “i.e.,” from the 7th day of the judgment of the court of first instance to the 17th day of the same day is used as follows. Thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act
① After the subdivision, the instant land was newly built on the ground of most of the instant land except the instant land, and the instant land was used as a passage for the neighboring land for at least 40 years from the time of subdivision until the time of subdivision [it is determined that the instant land was established as a result of the annexation and subdivision of the land according to the current status around August 1974, even if the Plaintiff’s assertion was based on the Plaintiff’s assertion.
(3) Since the land category of the instant land is a narrow embankment, it is difficult to think of utilization for any purpose other than the road, other than the road, because the form of the instant land has been designated as a site site, and there is no circumstance that the sale or use of the instant land was restricted, such as the designation of a road site at the time. (3) The J, K, and L site was built around August 2, 1976 in the J, K, and L site after dividing the instant land into the east, and the housing constructed around December 12, 197 in the M were each located. In light of its location, form, public service, accessibility, etc., in order to use the instant land as a public road from the said housing, it is difficult to use the instant land as the main passage to the road, and it is difficult to view it as the remainder of the land adjacent to the NND site as being connected to the neighboring land.