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(영문) 서울동부지방법원 2018.12.13 2016가단136492

부당이득금

Text

1. The plaintiff (Counter-Defendant) on January 17, 1993 with respect to the area of G road 446 square meters in Nam-ju, Namyang-si.

Reasons

1. Basic facts

A. The Defendant is a local government that occupies and manages G road 446§³ in Namyang-si, and the network H is a person who has completed the registration of ownership transfer on the above land, and the Plaintiffs are the deceased H’s inheritors.

B. On March 18, 1953, the land of 1,252 square meters in Nam-si, Namyang-si (hereinafter “the land before the instant subdivision”) was the land for which the registration of ownership transfer was completed under the name of the deceased J on March 18, 1953, and the registration of ownership transfer was completed on September 11, 1963 in the name of the deceased H on March 11, 1981 (hereinafter “the deceased”).

On January 17, 1973, the land prior to the instant subdivision was divided into 446 square meters of G-road 446 square meters (hereinafter “instant land”) and 337 square meters of K miscellaneous land at the same time, and the land category was changed from miscellaneous land to “road” at the same time. With respect to 337 square meters of K miscellaneous land except the instant land, the transfer registration on January 14, 1985, based on sale, was completed in the future on January 14, 1985.

C. On June 28, 1982, the land category of M 112 square meters and N 86 square meters divided on June 28, 1982 was changed from the land before the instant partition to “road” on September 7, 1982. On June 5, 1982, the registration of transfer of ownership was completed in the future of the Republic of Korea on January 10, 1984, and on September 25, 1984, 120 square meters and 162 square meters in the P miscellaneous land divided on September 25, 1984 were completed in the future on October 30, 1984, respectively.

As above, among the lands divided from the land before the division, the land of this case and the land remaining after 30 square meters was disposed of to a third party after the division. The land of this case was not disposed of for about 45 years after the division. Since the deceased died on April 19, 1989, the inheritance registration in the name of the plaintiffs was not made.

The land category is at the same time as, January 17, 1973, the same seal as, in the Namyang-si adjacent to the land of this case, T-36 square meters, U 10 square meters, V miscellaneous land, and V 248 square meters.