부당이득금
1. The judgment of the first instance is revoked, and all of the plaintiff's claims against the defendants are dismissed.
2. The total cost of the lawsuit.
1. Basic facts of the request;
A. On January 13, 1969, B, the Plaintiff’s attached land No. 1, 1969, completed the registration of ownership transfer on the ground of sale on December 26, 196.
(2) The land of this case was originally its land category, and its land category was changed to a road on November 1, 1964. The land of this case was used as a passage for village residents prior to the acquisition of ownership by B.
The land of this case is currently packed and used as a road (not known to the packaging authority and the time), the Road Act, the Urban Planning Act, or the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages, etc., and is not designated and publicly announced as a road under the relevant Acts and subordinate statutes.
(3) As the Plaintiff, C, D, E, and F, who died on October 8, 1995, died, the Plaintiff, C, D, E, and F, who was the inheritor of B, agreed on the division of inherited property ( October 8, 1995), and accordingly, the Plaintiff inherited the land of this case solely.
B. On March 30, 1970, the instant two land (1) B completed the registration of transfer of ownership on the ground of sale on March 27, 1970, with respect to G large-scale 420 square meters of Sejong Special Self-Governing City, which was the land prior to the subdivision of the instant two land.
(2) On December 31, 1976, the land category of this case was changed to a road, as the land category of this case was divided from the above G land.
(3) The instant land 2 has been used as a passage for nearby residents at the time of the change of its land category or prior to that time, and has been used as a road after being packed with concrete (the subject, timing, and time of packing cannot be known, according to the photographic images of No. 19, the packaging condition is not good). In addition, the instant land was designated and publicly announced as a road by relevant statutes, such as the Road Act, the Urban Planning Act, or the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages, etc.
(4) On October 8, 1995, the Plaintiff inherited the instant two land solely by an agreement on the division of inherited property.
C. On December 29, 1969, the land Nos. 3 (1) B does not exceed H-dong, Won-si, a land prior to the subdivision of the land No. 3.