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(영문) 서울중앙지방법원 2016.10.12 2015가단5327293
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) is one of the area of 466 square meters, namely, the voice-gun M&M road of Chungcheongbuk-do to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 10, 1912, the Audio Group N2,647 (hereinafter referred to as the “Modern”). On November 4, 1922, the ownership was preserved in the name of Non-Party Network P on November 26, 1926 (Seoul 15 years), and the ownership of Non-Party P on April 24, 1931 (Fire 6 years), was successively transferred on April 24, 1931.

B. On September 24, 1959, the deceased on September 24, 1959, and finally succeeded to the inherited property jointly by Plaintiffs A, B, and C, each of 1/3, D, and H, 3/45, E, F, G, I, J, and K, respectively.

C. Divisioned on November 25, 193, 1933, the R land and M road (hereinafter “instant land”) was divided into 466 square meters (hereinafter “instant land”) and 450 square meters prior to S, and the R land was divided into 615 square meters prior to T on June 20, 1956.

On December 6, 1913, the old land cadastre of the mother is marked as a part of the road that part of it was established as a road.

Meanwhile, on December 25, 1917, U.S.A. acquired the ownership of V forest 1,885 square meters, and opened the X high school on August 31, 1946 with the authorization to establish the WT, and thereafter owned and managed V through September 8, 1968, and used the instant land as the only road leading to the above school and access road to the school.

E. The land, the remainder of which is the land, excluding the instant land, was sold to each third party on September 22, 1958; and R land was sold to each third party on January 24, 1962; however, the instant land did not have any disposal act until the instant lawsuit was filed.

[Ground of Recognition] Facts without dispute, Gap 1 through 3, 12 (including virtual number), Eul 1 through 9, the purport of the whole pleadings

2. The parties' assertion

A. The land of this case asserted by the Plaintiff is a road (the national highway Z lines) already used by the general public around 1933, which was before the land was divided from the bridges.

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