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(영문) 창원지방법원진주지원 2015.10.15 2014가단6158
부당이득금반환
Text

1. The defendant shall be the plaintiff.

(a) KRW 32,053,300 and interest rate of KRW 20% per annum from December 31, 2014 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The registration of transfer of ownership was completed on April 12, 1969 in the name of G on April 12, 1969 with respect to the 19th 286 Da, the 222 Da (hereinafter “D”) and the 31st Do-nam Navy D (hereinafter “D”).

B. In around 1970, the Defendant, as a Saemaul project, incorporated the surrounding land into a small road adjacent to each of the above lands, expanded its width, and packed the roads.

Accordingly, on June 30, 1970, each of the above lands was divided and land category changed as follows.

In other words, CJ 286 was divided into C. C. 238 and H road 48 (the subsequent conversion into the area). The E. B. 22 was divided into E. 15 square meters (the land listed in paragraph 2 of the attached Table as the subsequent conversion into the area) and I.7 square meters, F. 31 square meters was divided into F. 30.3 and J. 0.7 square meters (the land listed in paragraph 3 of the attached Table as the subsequent conversion into the area), and the part corresponding to each land listed in the attached Table (hereinafter referred to as “each land of this case”) was converted into the road on the same day.

After that, each land of this case is used for the passage of the general public.

C. G died on October 3, 2010, and its inheritors agreed on the division of inherited property with the purport that the Plaintiff would solely inherit each of the instant land.

Accordingly, on November 15, 2010, the Plaintiff completed the registration of ownership transfer on each of the instant land due to a consultation division.

[Ground of recognition] The statements and images of Gap evidence 1 through 9, Eul evidence 1 through 3 (including paper numbers), the witness K's testimony (except for the part rejected in the front) and the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the facts of recognition as to the plaintiff's cause of claim, the defendant extended each of the lands of this case to expand and pack each of the lands of this case, and used it for the general public to occupy and manage each of the lands of this case as roads until now.

Therefore, the defendant.

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