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(영문) 서울중앙지방법원 2017.07.10 2016나67372

부당이득금

Text

1. The part concerning the counterclaim in the judgment of the court of first instance shall be revoked.

The defendant (Counterclaim plaintiff) against the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 2,647 N prior to the 2,647 Ethical AAri (hereinafter “AAri”) of the Chungcheong-gun (hereinafter “the mother land of this case”) was assessed against the O on April 10, 1912.

After that, on November 26, 1926, ownership was transferred to P on November 26, 1926, and the same year on April 24, 1931.

4. The registration of ownership transfer was made in Q Q’s name on the ground of sale on 20.

B. Q died on September 24, 1959, and Q (hereinafter “the deceased”)’s children, AB, AC, A, B, and C jointly inherited the deceased’s property.

After that, according to the death of AB around August 20, 1998, Plaintiff D, E, F, and G were co-inheritors of the network AB.

In addition, as the AC died on July 12, 2013, Plaintiff H, I, J, and K became co-inheritors of the deceased AC.

C.1) On November 25, 1933, the mother land of this case was divided into R, M No. 141 and S No. 450 square meters prior to M. 2) On November 25, 193, M No. 141 square meters prior to M was changed on November 25, 193.

3) On the other hand, the land cadastre of the mother land of this case stated as the “Partial Road Formation of December 6, 1913.” D. 1) U.S. Union acquired ownership on December 25, 1917 under the circumstances of 18,858 of V forest land to be used as a school site, and obtained authorization for the establishment of W Middle School on August 31, 1946.

After that, the X-high school was opened on October 10, 1951 after the school system reorganization.

The instant land adjacent to the part of the V forest, which is the school site of X high schools, has been used as an access road to the above school site from much more than the above opening of X high schools.

2) From September 8, 1968, V land was subject to registration conversion into Y site, and its ownership was transferred to the Defendant on September 4, 1969, and was transferred to Cheongbuk-do on the same day. E. Do governor on November 12, 1973, the instant land was transferred to Cheongbuk-do on the same day.