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(영문) 대구지방법원 2016.01.29 2015나302220

부당이득금반환

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 21, 1956, No. 1367 received on June 21, 1956, 1367, as to the land of this case 56m2 (hereinafter “instant L”) in Kimcheon-si L, Kimcheon-si, and 327m2 (hereinafter “instant M”), the network K completed the registration of ownership transfer based on the sale as of April 26, 1956, and completed the registration of ownership transfer as to the N field 26m2 (hereinafter “N”) with the same court No. 14323, Jun. 27, 1949, as to the N field 26m2 (hereinafter “instant N”)

(hereinafter referred to as “each of the instant lands”) B.

On April 30, 1957, the land category of the instant L and N were changed to a road on the land cadastre, and the instant M were restored to a road on the land cadastre on May 17, 1956. At present, each of the instant land was included in Yong-Nam, which is part of the line of general national highway No. 4 (Presidential Decree No. 5771), the route of which was designated under the Decree on Designation of Routes of General National Highways (Presidential Decree No. 5771) and managed by the Defendant.

C. The Network K died on November 21, 2007, and the Plaintiffs inherited the property of K (hereinafter “the deceased”) for each of the following shares:

1) Plaintiff A, B, C, D, and E: 11/66 shares 2) Plaintiff F: 3/66 shares G, H, I, and J: 2/66 shares, respectively.

D. According to the above inheritance shares, the Plaintiffs completed the registration of ownership transfer based on inheritance due to the division as of February 21, 2014, No. 6061, Nov. 21, 2007, according to the above inheritance shares.

E. An amount equivalent to the rent from April 1, 2004 to March 31, 2014 for each of the instant land is as listed below:

Where a road is assessed as a unclaimed site, if it is assessed as a unclaimed site, the attached Form 2 of KRW 12,09,000 per month from April 1 to April 14.31, 14.31 to April 14.14.31, 04.31.1 to April 14.1, 14.1 to KRW 33,000 per month from KRW 19,000 per month from KRW 3,504,000, KRW 111,200 per month from KRW 19,000, KRW 20,463,000 per month, and KRW 192,92,00 per month from KRW 962,00 per month, KRW 8,800, KRW 627,005, KRW 15,300 per month, KRW 305,305, KRW 1305,005, KRW 300.