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(영문) 서울북부지방법원 2020.12.23 2020가합21781

부당이득금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

The land before the division and the change of land category before the division of this case are specified as the parcel number of 455.8 square meters (hereinafter referred to as only the parcel number), and the land before the division of this case in paragraph (6) as the "land before the division of this case" in total.

Around October 30, 1969, the land was divided into C, D, and E (hereinafter referred to as “instant land after the instant subdivision”) in total, and E was converted into a site on April 4, 2007.

F Land was divided into F, G or H land on September 5, 1969 and July 16, 1970, and the category of land was changed to the site around September 22, 1997.

H Land was divided into H, J or K land on July 16, 1970, and L land was changed into land category around September 22, 1997.

M The land was replaced by N, and the N was divided into O or P, N, Q or R land from March 4, 1974 to March 10, 1975.

S Land was divided into S, T or U land on June 3, 1974, and V land was changed into the site around September 22, 1997.

W land was divided into W, X, and Y land on February 4, 1975, and Y land was changed into the site around May 11, 2005.

B. The land before the instant partition was jointly owned by the Plaintiffs, but the Plaintiffs sold the remaining land, excluding E, I, L, N, V, and Y (hereinafter “instant land”) among the land after the partition of each of the instant land, and completed the registration of ownership transfer to a third party.

(C) Therefore, only the land of this case among the land after the division of this case remains jointly owned by the plaintiffs.

The current use of the land of this case is being used as a road that is passed by neighboring residents.

【In the absence of any dispute, there is no ground for recognition, Gap's 1 through 8 (including each number in the case of additional numbers), Eul's 1 through 13, and the parties' assertion of the purport of the whole pleadings and arguments.