부당이득금
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. The phrase “prepaid fee” in the attached Form 3 list shall be written.
1. Facts of recognition;
A. On June 1938, the parties and inheritance relations (1) purchase the land of this case at the ratio of 1/4 shares of Plaintiff A, Non-Party Network M, Non-Party Network N, Non-Party NetworkO (hereinafter “the network”), and completed the registration of ownership transfer on November 29, 1938. The Defendant is a local government that occupies the land of this case and uses it as a road.
(2) N died under an unmarried status on May 21, 1967.O died on August 19, 1984. M died on April 26, 1995. The inheritance relationship is as shown in attached Table 1, and the plaintiffs' inheritance shares in relation to the land of this case are as shown in attached Table 2.
B. The division relation of the instant land (1) was divided into the instant land 4,680 square meters (around 15,471 square meters) of P forest land (around 1932), Q20 square meters ( around 12,297 square meters), R or S land around 1932.
(2) Q 3,720 square meters was divided into T or U land around 1941, and U among them was divided from Q 3,720 on August 6, 1941, the road category was changed.
(3) U.S. road 1,38 square meters (hereinafter “instant land before the instant partition”) was subject to registration conversion into L road 1,388 square meters on November 30, 1992, and L road 1,38 square meters was divided into V and W around 2012, the area was changed to 1,257 square meters of L road, which is the instant land.
C. The land prior to the partition of the instant land was divided from the mother land around 1941 and was used as a road after the land category was changed to the road. After that, the State designated a route as a general national highway (No. 40, 10247 on March 14, 1981) by Presidential Decree No. 10247 on March 14, 1981, occupied the instant land after performing the duties of packing containers, and the Defendant, around 1986, succeeded to the possession of the instant land by the State and used the instant land as a road.
D. From September 15, 2009 to September 14, 2010 to September 3, 2009, 657, 8704, 877, 160 to September 15, 2011, the rental fee of 3% high-ranking 4% based on the period of rent for each of the instant land. < Amended by Presidential Decree No. 22035, Sep. 15, 2010>