부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts of the facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each of the statements in Gap evidence of 1 to 3 (including, if any, a serial number; hereinafter the same shall apply) and Eul evidence of 1 to 4, and there is no counter-proof otherwise.
B acquired the land Nos. 1 from January 31, 1930, No. 2, and 3 on May 2, 1924, respectively, among each land listed in the separate sheet (hereinafter “each land of this case”).
On May 18, 1965, each land of this case was registered for transfer of ownership to C on May 19, 1965 on the ground of donation. < Amended by Act No. 3790, May 19, 1965>
B. After December 16, 1981, the Plaintiff completed the registration of ownership transfer on each of the instant land on August 8, 1995 on the ground of inheritance by a final and conclusive declaration of disappearance on December 16, 1981.
C. Meanwhile, the circumstances leading up to the incorporation of each of the instant lands into the road site are as follows.
1) On December 24, 1920, the former 297 E was divided into 260 E on December 24, 1920 and 37 B. Of these, the former 37 square meters was divided into 22 square meters on December 28, 1970 and 15 square meters on July 28, 197, and the said F land was converted into the road on the same day and was incorporated into the road at the same time. The said F 22 square meters on March 8, 1995 (hereinafter referred to as “net 1 land”).
2) On August 10, 1958, J-si and H-si were subdivided into J-dong 1,354 square meters, each of which was subdivided into 758 square meters, J-dong 1,354 square meters. On August 10, 1958, J-si 21 square meters and L-si 736 square meters, L-si 397 square meters were subdivided into 366 square meters, and L-si 21 square meters and M-M 31 square meters, and the land classification was converted into the same road, and the conversion was made thereafter, and at the same time, J-Y 29 square meters and M-si 31 square meters (hereinafter referred to as “road”).
At present, the defendant occupies and uses each of the lands of this case as roads.