부당이득금반환
1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. Total costs of litigation are assessed against the Plaintiffs.
1. Basic facts
A. L around 1913, around 1913, was under the circumstances of 761 N prior to Goyang-gun Muri (hereinafter “Mi”) (hereinafter “the mother land of this case”), and completed registration of preservation of ownership on the mother land of this case on March 13, 1913.
B. On August 30, 1927, the mother land of this case was divided into 445 square meters prior toO, 136 square meters prior to P (hereinafter “the instant land”) and Q 180 square meters prior to Q. The instant land was used as a road since its change of land category on August 31, 1927 to a road.
C. Meanwhile, L was killed by having his spouse R and S, T, and Q around May 21, 1915, and R completed the registration of ownership transfer on September 28, 1928 with respect to theO, the instant land, and Q, respectively. < Amended by Presidential Decree No. 16342, May 21, 1919>
R died on September 5, 1962, T was deceased on August 16, 1962, and T was deceased on August 16, 1962, and on June 1, 1987 without her spouse, children, etc., and the plaintiffs are children, grandchildren, etc. of S.
E. Of the instant land, Plaintiff V, B, H, Plaintiff A, and C completed the registration of ownership transfer on the respective shares of 8,125/146,250, 32,500/146,250, Plaintiff D, 5,000/146,250, Plaintiff E, 15,000/146,250, Plaintiff F, and Plaintiff F, 10,146/146,250, and 2,50/146,250, respectively, on March 22, 2016.
H Deceased on June 18, 2017, the Plaintiff I and J inherited the H’s shares out of the instant land.
F. The instant land was incorporated into W road construction around 1972, and the Defendant thereafter managed the instant land as the road.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 13 through 16, 17, 19, and the purport of the whole pleadings
2. The State or the State, except in extenuating circumstances, such as where the owner renounces his/her exclusive right to use and benefit from the land, in which case a local government occupies and provides de facto roads to the general public, the exclusive use and benefit of which is restricted by the owner of the land.