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(영문) 대구지방법원 2012.08.08 2011나25419
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. B acquired on January 31, 1930 each land listed in the separate sheet (hereinafter “each land of this case”) 37 square meters before F in Ansan-si, where the land Nos. 1 was included, and acquired on May 2, 1924 the L answer 397 square meters in which the No. 2 land was included, including the No. 757 and No. 3 land in Ansan-si, where the two land was included.

Land Nos. 37 and 2, and 3 were donated on May 18, 1965, and each ownership transfer registration has been completed to B on May 19, 1965.

B. After December 16, 1981, the Plaintiff completed the registration of ownership transfer on each of the instant land on August 8, 1995 on the ground of inheritance by a final and conclusive declaration of disappearance on December 16, 1981.

C. Meanwhile, the circumstances leading up to the incorporation of each of the instant lands into the road site are as follows.

(1) On December 24, 1920, the 297 F. E was divided into 260 square meters and 37 square meters before F. Among them, the F.37 square meters was divided into 22 square meters and 15 square meters on December 28, 1970, and the said F.22 square meters was converted into the road on the same day, and the said F.22 square meters were subdivided into the road at the same time. The said F.22 square meters were again subdivided into 36 square meters on March 8, 1995, and H.37 square meters, respectively.

(2) On August 10, 1958, the answer 1,354 was subdivided into JJ 757 square meters, K 200 square meters, L 397 square meters, respectively. On August 10, 1958, JJ 757 square meters of JJ 21 square meters and N 736 square meters, L 397 square meters of L 366 square meters and M 31 square meters of roads were subdivided into 366 square meters and M 31 square meters on the same day. Since L 21 square meters and M 31 square meters of roads were subdivided into the same day, the land classification was converted into the same day, and thereafter the conversion registration was made thereafter, the land was made at the same time, and at the same time, at the same time, at the JJ 69 square meters of land (hereinafter referred to as “net 2”) and at 102 square meters of land (hereinafter referred to as “3 square meters of land”).

At present, the Defendant occupies and uses each of the instant land as a road.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 4.

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