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(영문) 광주지방법원순천지원 2017.12.21 2015가단75784

부당이득금

Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. On February 9, 1960, E acquired the ownership of F-Domp 869 square meters (hereinafter “F-Domp land before division”) and G-Dop 1213 square meters (hereinafter “G land before division”).

B. The Egurisan Regional Land Management Office (former Dosan Regional Land Management Office) completed construction on May 15, 1982 by performing H road construction and packing secondary construction (hereinafter “instant road construction”) around 1981, and completed construction on May 15, 1982. The following is the part of F land before division and the part of G land before division.

The instant land and the instant two land, as indicated in the subsection, were included in the instant road construction site. A. The instant land was incorporated into the instant road construction site.

C. On August 3, 1982, F land before subdivision was divided into a F-Do 592 square meters, F-Do Mancheon-si, and the part incorporated into the instant road site, which was divided into a 277 square meters of land before subdivision (hereinafter “I land before subdivision”). On January 17, 1997, I land before subdivision was divided into a 194 square meters of land (hereinafter “instant 1 land”) and a 83 square meters of land J-si, Y-si.

On August 3, 1982, G land before subdivision was divided into 831 square meters in G-si and 382 square meters in K-si (hereinafter “K land before subdivision”). On January 17, 1997, K land before subdivision was divided into 269 square meters in K-si and 113 square meters in net City.

From May 15, 1982, the Defendant occupied and used the instant land as a road from May 15, 1982 to the present day.

E. On April 22, 1989, land Nos. 1 and 2 of this case had been completed due to inheritance due to a division of consultation in the future M, E, E, and M died, and the Plaintiffs are the inheritors of M.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, each entry of Eul evidence Nos. 14, 15, 22 and 23 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The cause of the action.