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(영문) 인천지방법원 2020.02.14 2019가단203773
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On April 22, 1980, the deceased I, the father of the plaintiffs who acquired ownership, completed each registration of ownership transfer on April 17, 1980 with respect to each of the real estate listed in the separate sheet (hereinafter "J and K Road"), and the plaintiffs completed each registration of ownership transfer on September 23, 2008 due to the inheritance by consultation division on April 23, 2007.

B. 1) On April 22, 1980, the network I shall be the Michuhol-gu Incheon Metropolitan City L graves 2,089 square meters (hereinafter “land before division”) prior to the division.

A) After completing the registration of ownership transfer with respect to the land before subdivision on March 13, 1981, part of the land before subdivision was divided into J and K with the same land category, the same day was changed to the road (after part of the above K K road was divided into M road of 133 square meters, the registration of ownership transfer was completed with the Korea Land and Housing Corporation on August 12, 1986.

2) On March 27, 1981, part of the lands before subdivision was partitioned into N or O lands, and on April 3, 1981, the network I was divided into the above divided lands, with the exception of each of the roads of this case.

8. All sales have been made to third parties.

C. According to the results of the fact-finding inquiry reply to the Michuhol-gu Incheon Metropolitan City's respective roads of this case, the defendant Michuhol-gu did not have any fact about the construction and packing of the roads of this case. However, it can be confirmed on February 24, 2010 that the "P Apartment-gu Road Maintenance and Improvement Work" was commenced on March 22, 2010 and completed on March 30, 2010, in order to cover a ice container with the concrete package already formed. (2) According to the result of the fact-finding inquiry inquiry reply to the main waterworks headquarters of this court, each of the roads of this case exists as water pipes, and in light of the installation date of water meters as a result of the request for water supply construction at the neighboring address, it is deemed that the water pipe of the J-gu road of this case is a water pipe around December 1981 and the part of the roads of this case as part of the roads of this case.

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