logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2017.08.08 2016가단55525
부당이득금
Text

1. From March 16, 2017, the Defendant indicated the attached Form No. 7, 3, among the 2,252,922 won and the 23 square meters in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. to the Plaintiff.

Reasons

1. Facts of recognition;

A. C on June 27, 1973, completed the registration of ownership transfer on the ground of sale and purchase on June 10, 1973 with respect to D 193 square meters (hereinafter “D land”).

In addition, on September 7, 1998, C completed the registration of ownership transfer based on inheritance by consultation and division on May 12, 1998 with respect to the two-story stores in the mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's mentor's ment

B. On April 27, 2010, the Plaintiff completed the registration of ownership transfer based on sale on March 17, 2010 with respect to the instant land, D land, and the instant building.

C. On June 30, 1975, the Defendant decided the instant land as a road zone (the auxiliary road with a width of 15 meters).

Of the instant land, the portion of (b) part 19 square meters in the ship connected in order to each point of the attached Table 7, 3, 4, 5, 6, and 7 (hereinafter “road of this case”) among the instant land is used as a straw package, and a part of the road is used as a concrete package, and the same appraisal is used as a 4 square meters in the ship connecting each point of (a) the same appraisal is also used as a site for the instant building from around 2010 to the date of closing the argument of this case.

C The decedent obtained the building permit of the building of this case from Thai-gun on October 4, 1973, and was approved on February 8, 1983.

[Ground of Recognition] A without dispute; Gap evidence 1 through 3; Eul evidence 1; Eul evidence 3; Eul evidence 4 through 6; Eul evidence 2; each form of evidence 2; the result of the commission of appraisal to the branch offices of the Korea Land Information Corporation by the National Land Information Corporation by this court; the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant decided the instant land as a road zone on June 30, 1975, it has occupied the instant road by providing it for the passage of the general public.

The road of this case at the time when the defendant determined the land of this case as a road zone on June 30, 1975 and possessed it, shall be classified as the land category.

arrow