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(영문) 대전지방법원서산지원 2016.05.03 2014가단52843

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 Plaintiffs are co-owners of F ditch 7,525 square meters (hereinafter “instant land”) at the time of Jinjin-si, and the Defendant is a corporation established by combining the farmland improvement associations, etc.

B. G was granted a reclamation license in 1945 and created H PW P 2,872 square meters (amended by cadastral error in 1958, 22,390 square meters). On July 31, 1957, G sold the said land to I.

I divided J or K from the above land in 1960 to 5,268 square meters, and the area of the above land was changed from the above land in 1964 to 4,45 square meters.

On December 20, 1967, the land category was changed from the answer to the ditch.

C. On May 29, 1972, I sold the said five persons to the Plaintiff A (10/23 of shares), C (23), E (5/23 of shares 5), Nonparty M (4/23 of shares 4/23), N (2/3 of shares 2/23) (hereinafter “instant co-owners”).

On June 28, 1972, the co-owners of this case divided O or P from the above H ditches to 3,050 square meters (as the unit area was changed to 10,083 square meters on May 1, 1977), and changed the area into 3,050 square meters (as the unit area was changed to 10,083 square meters on the land cadastre), and on November 16, 1984, the land and Q were divided into 2,390 square meters in the above H ditch, and the area was changed to 2,390 square meters.

The land cadastre of the H ditch was closed on March 11, 1985.

(e) The details of the change in H land at the time of truth are as listed below:

The land category and size of the owner of G 1945, G 22,390 square meters and cadastral error in 1958, G 1945, converted into a ditch of land category 4,455 square meters and changed into a ditch of land category 4,455 square meters on May 29, 1972 among the co-owners of this case on December 20, 1972, the land category and size of which were changed into a ditch of 22,390 square meters and cadastral error in 1958, which was changed into a 10,083 square meters in a unit area of May 1, 197, and the land cadastre of this case on November 16, 1984; and the land cadastre of this case on June 28, 1972, converted into a 19,000 square meters in a 10,083 square meters in a unit area of May 1, 1977.

(e) land divided at H-si 22,390 shall be the land divided at H-si.