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(영문) 서울중앙지방법원 2014.01.08 2013가단5015077
부당이득금
Text

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

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

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 through 6 (including paper numbers).

On January 7, 1936, the land category D, which was divided into E forest and field, was changed on January 8, 1936. On February 1, 1992, the name of the administrative district was changed to F in Gyeyang-gu, Seoyang-gu, Yangyang-si, and the land listed in the attached Table 1 (hereinafter referred to as 'â) was changed.

The land set forth in No. 2 of the same list (hereinafter referred to as “B land”) was divided from the G land in Gyeyang-gu Seoyang-gu Seoul Metropolitan Government on February 18, 1992.

(1) (hereinafter referred to as “each of the instant lands”) B in total.

① Land and the land of Gyeyang-gu Seoul Metropolitan Government G was incorporated into the National Road 39 lines (buildings-out sections) executed by the Seoul Regional Construction Management Office in 1972, and is currently being used as part of the National Road 39 lines.

C. ① The land was registered on October 20, 1936 at the network H on the ground of sale and purchase, and the registration was completed on January 19, 197 with I and the plaintiffs' co-ownership due to the property inheritance on the above Goyang-gu G land.

H died on April 2, 1976 and jointly succeeded to the plaintiffs, who are his wife and children, and I died on February 17, 1996 and jointly succeeded to the plaintiffs.

2. The Plaintiff filed a claim for the return of unjust enrichment equivalent to the rent, alleging that the Defendant occupied and used each of the lands of this case as a road, as the cause of the instant claim against the Defendant Republic of Korea.

Under Article 20 (1) and (2) of the Road Act, national highways shall be managed by the Minister of Land, Infrastructure and Transport, but higher-tier roads in the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Special Self-Governing Province, or Si areas under the jurisdiction of the Special Metropolitan City, Metropolitan City Mayors, Special Self-Governing City Mayors

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