beta
(영문) 광주지방법원 2018.12.05 2017가단532374

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. From E on October 5, 2015, Plaintiff A purchased 454/704 shares, Plaintiff B, 150/704 shares, and Plaintiff C purchased 100/704 shares, respectively, and filed a registration of transfer on the 13th day of the same month, respectively.

B. The instant land was divided on November 21, 1924 from the Gangseo-gu Busan Metropolitan Government 1,762 square meters (the lot number was changed to H; hereinafter “the land before division”) prior to the division, which had been registered as a preservation of ownership in the name of F on September 12, 1919, and its land category was changed to a road after the land category was changed to a road. On March 19, 193, May 24, 1947, the ownership transfer registration was made to E on the ground of inheritance by consultation and division. The land before division was transferred to I on September 1, 1959 after the ownership was transferred from I on May 2, 1947, the land category was changed to the site, and the land of Gangseo-gu Busan Metropolitan City 542 square meters (hereinafter “J”) prior to the division, which was finally transferred to K on September 1, 1959, and the land of this case was changed to the parking lot on April 21, 2016.

C. The instant land is the only public road with a width of 7 meters in L Village, and is used as a road by maintaining the form that shows clearly shows in the aerial photography around 1975. The Defendant has maintained and managed it until now since it was offered to vehicles and residents by implementing packaging works on the said land.

The land of this case has no taxation since the time of division, and since the date of acquisition of shares, property tax has not been imposed until the date of acquisition of shares.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1 through 9 (including paper numbers), the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiffs occupied the instant land as a road site without legitimate authority, and the Defendant, from October 13, 2015, acquired the Plaintiffs’ share in the said land from the Plaintiffs.