beta
(영문) 대구지방법원 2016.08.26 2015가단107363

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. On November 25, 1924, G 24, H 119, and B 388, the 531st 5,000,000 G, Daegu Suwon-gu, was divided into 24, 119, and 388, and at the same time, the 119th H was changed into a road.

(hereinafter referred to as “land before partitioning”) b.

On December 28, 1990, the registration of ownership preservation by Australia inheritance was completed in the name of December 28, 1990, and was divided into each land listed in the separate sheet on June 29, 191 (hereinafter “each land of this case”).

C. 1) On July 25, 191, the land before subdivision was designated as the first grade road between Gyeongsung and Seosan as the land scheduled for the “one grade road between Gyeongsung and Taesan.” On November 25, 1924, the land category was changed to a road, and it was occupied, managed, and provided for the passage of the general public and vehicles by the Gyeongbuk-do as the road. 2) Moreover, the land before subdivision was designated as the land prior to the subdivision as the K K on December 1, 1938 under the Joseon-do Ordinance, as the K on December 27, 196, as the Do Do Do Do Do Do 1 was designated as the 25 line under the Presidential Decree No. 2845 (designation of the national highways of 1st and 2nd grade national highways) on December 27, 196 (Designation of the national highways of 1st grade national highways and the 2nd grade national highways).

3. On September 19, 1969, the Gyeongsan-si continued to implement the compensation procedure for 235 parcels of land to be additionally incorporated into the 25th National Highway Daegu-Gyeongsan-si Section, and provided it for the general public for the passage of the general public by completing the above expansion procedure. In addition, according to the plan for the expansion and packing of national highways from the end of 1977 to February 1978, the compensation procedure for the 214 parcels of land to be additionally incorporated into the 25th National Highway Daegu-Gyeongsan Section, while the road expansion and packing work was completed by May 1978 and provided for the general public for the passage of the general public.

The land before subdivision was owned and managed by the defendant due to the change of administrative district on July 1, 1981, and each land of this case.

참조조문