부당이득금
All of the claims filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.
The costs of lawsuit are assessed against the plaintiff (the appointed party).
1. Basic facts
A. On November 21, 1996, the Plaintiff, etc., AA, and AB completed the registration of transfer of ownership based on inheritance with respect to each of 1/5 shares of the 1/5 shares of the 1/5 shares of 1,000 square meters of land AC forest of Masung-gun (hereinafter “AD Ri” and, at the time of indicating land, hereinafter “AD”).
B. AC land was registered, converted and divided as follows (see attached Table 4.1) and AC land was transferred to AG land on July 20, 1998, and was divided into AG or AH land on the same day.
2) Of the lands divided as described in the above 1), AH land was divided into AH, AI, or AJ land on December 10, 202.
3) Of the lands divided as described in the above 2), the land AJ was divided into the land AJ or AK on July 27, 2005.
4) Of the lands divided as described in the above 2) the AL land was divided into AL, AM, andN land on September 7, 2005.
(c)
Among the divided lands as above, AO, AL, AM, andN land (hereinafter “each of the instant lands”) finally owned by the Plaintiff, etc. in proportion to their respective shares in attached Form 2 “Indication of Real Estate owned by the Plaintiff and the Selected.” From among the divided lands other than each of the instant lands, the final owner of the land related to the instant case and the date of acquisition of ownership are as indicated in each corresponding part among the “Indication of Real Estate by Defendant” in attached Form 3.
(c)
On the other hand, Defendant M&A, N, P, P, Q, R, T, U, V, W, X, Y, and Z are the owners of the adjacent land adjacent to the AC land, and the date of acquiring the ownership of the adjacent land and the date of acquiring the ownership of the land are the same as the corresponding part of the attached Table 3, among the "Indication of the real estate by Defendant," the number 9 through 20, and 22.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 and 6 (which include all numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Each land of this case owned by the Plaintiff et al. is managed by the Defendants while occupying and using it as a road.