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(영문) 서울고등법원 2016.01.13 2015나2030723

부당이득금

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. As to the 1,488 square meters of Pyeongtaek-si I Forest Land (hereinafter “instant real estate”), the registration of transfer of ownership in the name of DongJ and Dong E, respectively, was completed on April 17, 1974 as the receipt of No. 9425 on April 17, 1974 by the Suwon District Court, which was based on the sale and purchase as of January 29, 1974.

B. After that, upon the death of the deceased J and the death of the deceased on February 2, 1995, the registration of transfer of ownership in the name of the plaintiff D with respect to shares of 2/42 shares in the instant real estate due to inheritance on May 2, 1978 by the same registry office, with respect to shares of 2/42 shares in the instant real estate, the registration of transfer of ownership in the name of the plaintiff M, the name of the plaintiff A, B, and the shares of 6/42 shares in the name of the plaintiff M, the name of the plaintiff A, and the shares of 4/42.

C. After that, the registration of transfer of the Plaintiff C’s ownership was completed due to the inheritance due to the agreement division as of September 22, 2000 received on July 25, 2000 by the same registry office as of September 22, 200, and the registration of transfer of the Plaintiff D’s ownership was completed due to the inheritance due to the division as of November 20, 200 by the same registry office as of November 20, 2009, No. 52934, Oct. 15, 2009.

The network E died on November 27, 2013 while the instant lawsuit was pending, and the Plaintiff F and G took over the network E, and completed the registration of transfer of ownership in the Plaintiff F and G name, each of 1/4 shares due to inheritance due to a division of consultation held on April 28, 2014 by the same registry office as the receipt No. 22306, Apr. 28, 2014.

On the other hand, on December 3, 2015, the deceased E’s heir, Y, Z, Z, AA, Plaintiff F, and G agreed on the division of inherited property by inheritance of Plaintiff F and G one-half of the claim for return of unjust enrichment on the instant real property.

E. On December 24, 1987, the Governor of the Gyeonggi-do publicly announced the recognition of the route of a local highway on the land including the instant real estate as a local highway. On March 28, 2005, the Governor of the Gyeonggi-do announced the closure of route. On April 18, 2006, the Defendant designated some of the above local highway N as a City/DoO, including the instant real estate, and thereafter, from around that time, the attached drawing Nos. 17, 14, 15, among the instant real estate.