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(영문) 서울중앙지방법원 2018.05.25 2017가단5141165

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A, B, C, and D are co-owners who completed the registration of ownership transfer on May 6, 2012 due to inheritance with respect to each of 1/4 shares of the lands listed in paragraphs (1) and (2) of the attached Table Nos. 1 and (2) of the attached Table Nos. 1 (hereinafter “instant 1 and 2”), and the Plaintiff A, D, E, and F own each of 1/4 shares of the lands listed in paragraph (3) of the attached Table No. 3 (hereinafter “instant 3 lands”).

B. Each land listed in the separate sheet (hereinafter “the instant land”) was incorporated into G executed in Gyeonggi-do in 1982, and the national highways H was extended from Cheongnam-do to Gyeonggi-do I on July 1, 1996, which was occupied by the Defendant as a national highway H road zone, and the Defendant has occupied and used each of the instant land as a road manager.

C. Meanwhile, on the other hand, on January 4, 1984, the Namyang-gun, a local government at the time when G was in charge of the compensation affairs for the land of this case, stated on the land of this case as the address and name column of the person who is to receive the deposited goods pursuant to the Seoul District Court's governmental branch office No. 136 in 1984 as to the land of this case, and deposited 608,920 won of purchase price stating that "the depositor purchased the land of this case, which is the land to be incorporated into the loan, and paid the price to the Corporation, but he did not have the creditor's identity," and deposited 608,920 won of purchase price as to the land of this case by stating the above contents as 356,040 won in 137 with the Government Branch of the Seoul District Court's 1984, with the above contents stated in 1984, 138 with regard to the land of this case, and deposited 3 won as the purchase price of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts acknowledged prior to the determination of the cause of the claim, the defendant shall, unless there are special circumstances.