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(영문) 울산지방법원 2015.11.17 2015가단53031
부당이득금
Text

1. The plaintiffs' primary claims against the defendant Ulsan Metropolitan City Jung-gu and the defendants' preliminary claims are all made.

Reasons

1. Basic facts

A. The land of this case 1 is divided into the land of this case (i.e., the land listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”) and the land category of this case 1 was changed to the road on the same day on August 20, 1925.

B. On December 1938, 1938, the instant land was incorporated into “G” and announced to recognize the route of 7 national highways.

G, including the land of this case, was not included in the passage of the national highways, but did not publicly notify the change of national land title 7.

On the other hand, the above C land was established on the ground after the transfer of ownership to H on May 24, 1932.

Applicant With respect to the land of this case, D completed the registration of ownership transfer on October 11, 1971 due to Australia inheritance. Of the land of this case, 106/450 shares among the land of this case was transferred to Plaintiff B through I and J on April 9, 2010.

B. The land No. 2 of the instant case (i.e., the land prior to the subdivision of the land No. 2 of the attached Table No. 2 of the Real Estate List (hereinafter “instant land”) was determined to L on February 10, 1912, Ulsan-gu, 205, which was the land prior to the subdivision, and the ownership was transferred to E on May 21, 192.

The land before the above subdivision is divided into M 478 square meters on November 4, 1935, M 478 square meters, the land of this case 2 and N 47 square meters, and the land of this case was changed to the road on the same day.

The roads, including the instant land 2, have been used from December 16, 1935 to the entry of the O, and the present is part of the “P”.

Consolidatedly, D completed the registration of ownership transfer on the land of this case on December 27, 1971 due to family inheritance.

M land divided from the land before the division was transferred to D on July 2, 1946, and the ownership was transferred to Q on August 11, 1947.

C. Inheritance D has died on May 3, 1983, and was deceased.

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