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(영문) 대구지방법원 2014.12.09 2014가합202329

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. At the same time, the land category was changed to the site and road as the real estate listed in E large 478 on November 25, 1924 and paragraph (1) of the attached Table attached hereto (hereinafter “instant land No. 1”). F. 623, the real estate listed in paragraph (2) of the attached Table No. 2 of the same day (hereinafter “instant land”) referred to as “the instant land No. 2,” and the instant land No. 1 and No. 2 was divided into “the sum of the instant land” and “the land No. 375,” and the land category was changed to a road.

B. The history of land cadastre of each of the instant lands was indicated as “road formation” on the same day.

C. However, on July 23, 1911, the deceased H did not register the ownership of the land before D (the land before dividing the instant land No. 1) but did not register the ownership of the instant land. As to the instant land No. 2, on July 19, 1922, the deceased H completed the registration of the ownership transfer on July 19, 192. On June 18, 2013, the Plaintiffs (the deceased H’s increased children) who are the deceased H’s property successors were registered the registration of the ownership transfer on the instant land No. 1, and on the instant land No. 2, the registration of the ownership transfer was completed on the ground of inheritance due to consultation or division

(Plaintiff A, Plaintiff B, and Plaintiff C are 65 percent shares, and Plaintiff C are 30 percent shares).

On July 25, 1911, the land of this case was designated as the 1st grade road between Gyeongsung and Busan as the site for the "1 grade road" by the Ship General Announcement No. 236 on July 25, 191. On November 25, 1924, the land category was changed to the road and the Gyeongsan-si provided it for the passage of general public and vehicles while occupying and managing it as the road. On December 27, 1966, the land of this case was transferred to the 25 line of national highways (Juhae-Cheongju-Cheongju) by the Presidential Decree No. 2845 on December 27, 196, and was additionally designated as the 2-1 line of the Gyeongsan National Urban Planning Facility among the national highways from around September 29, 196 to the end of August 25, 197 in accordance with the expansion and packing plan.