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(영문) 서울중앙지방법원 2020.05.26 2019가단5011008

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land indicated in paragraph 1 of the attached Table 1 (hereinafter “instant land”).

(2) The land of this case was divided into the land of this case on November 2, 1925, the land of this case, Kimhae-si, the land before the division of Kimhae-si, the 1,109 square meters was divided into 676 square meters, G 120 square meters, and 120 square meters. The land of this case was changed into the road on the same day. The land of this case, except the land of this case, was transferred to H on February 9, 1928, and the land of this case was transferred to H on April 19, 1940 again to I on May 23, 2008.

3) The road including the instant land is a major road that connects Kri and Lri from around 1925, and it is part of Gun M. B. The land category of the instant land was changed to the road on the same day on the same day. The land category of the instant land was changed to the road on March 1, 1954.

After that, N 165 square meters and O 20 square meters, excluding the instant land, were transferred to P on June 30, 1965. On December 13, 1986, R transferred ownership to Q on October 21, 2002. On December 11, 2002, S Co., Ltd, on June 25, 2004, T, on February 24, 2005, U.S. and on March 6, 2006, respectively transferred ownership to V. < Amended by Act No. 6746, Oct. 24, 2005; Act No. 7794, Mar. 6, 2006>

2) On May 23, 2008, Plaintiff A completed the registration of ownership transfer from J on the instant land on the ground of donation from J on May 23, 2008. 3) The instant land was incorporated from around 1954 to the road connecting Kiri and Liri, and is part of Gun-do M.

C. The land indicated in paragraph (3) of the attached Table 3 (hereinafter “instant three land”).

W, 258 square meters prior to the division of Kimhae-si, which is the land before the division, is divided into X-si 387 square meters on November 18, 1939, Y-gi 179 square meters and 3 land of this case. The land of this case 3 was changed to the road on the same day.

After that, X 387 square meters shall be Z on February 28, 194, and it shall be Z on October 13, 1971.