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(영문) 부산고등법원 2016.04.06 2015나56420
부당이득금
Text

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

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The land No. 1 of the instant case was 433 square meters in Ulsan-gu, Seoul-gu, the pre-division of the land listed in paragraph (1) of the attached Table No. 1 of the Real Estate List (hereinafter “instant land”) was determined on February 9, 1912 against D’s father-E on August 20, 1925. The land category was changed to the road on the same day.

(2) On December 1938, 1938, RR land was incorporated into “G” and was publicly notified as a route route of 7 national highways.

Since the construction of the North-do circulation road in around 1999, the above road is currently being used as the 7 national highways passage, and G including the R land was not included in the passage, but the change announcement of the 7 national highways is not included in the 7 national highways passage passage by SP on March 27, 2015.

3) On the other hand, C’s land transferred to H on May 24, 1932, and the public agency was established on the land. F’s land transferred to T’s ownership on July 3, 1974 due to the transfer of pre-sale from E, and on that ground, D completed the registration of ownership transfer due to Australia inheritance ( September 10, 1946) on December 28, 1971, and on October 12, 197, D transferred 106/450 shares to I for sale.

On April 9, 2010, the registration of transfer of shares was completed in the J's future due to inheritance by consultation and division (i.e., January 13, 2008), and the registration of transfer of shares was completed again on April 9, 2010 in the Plaintiff B, an infant of Plaintiff A, due to sale and purchase on April 9, 2010.

R Land was divided into the land No. 1 and U large 106 square meters on July 30, 1980, and the Plaintiff A newly built two-story houses on the land divided into U large 106 square meters on October 13, 1981.

5) On May 3, 1983, D died and succeeded to 6/8 shares of D’s 6/8 shares among D’s 1 land. Accordingly, the Plaintiff owned 258/450 shares (=34/450 x 6/8) among the instant 1 land. (b) The land below the land indicated in attached Table 2(1) of the real estate list.

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