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(영문) 서울중앙지방법원 2021.01.25 2018가단5115323
부당이득금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

(a) (1) It is indicated as the current administrative district on convenience, even though it was originally “Dong” owned by D, Gyeongcheon-gun E., Gyeongcheon-gun.

The same shall apply to other lands below.

(C) On May 17, 1971, the land category of the instant land was changed to a road at the time of the said division, and the ownership of the instant land was changed to a road at the time of the said division on December 31, 1974. On March 2, 201, Plaintiff A, on February 12, 201, the ownership of the instant land, etc. was changed to that of the instant land at the time of the said division. In addition, on March 2, 201, Plaintiff A, on February 12, 201, on the ground of inheritance by consultation.

2) The instant land No. 1 constitutes part of the road and national highway J in the village called “I,” and the instant national road I and the said national road are cross-sectioned as Ⅱ.

3) Meanwhile, on the other hand, on December 31, 1974, the ownership of G land was transferred to H, and on December 21, 1993, the said land was divided into 1,278 square meters in G and 593 square meters in K (K’s land was changed to a road at the time of the division) and after the division, G’s land was closed due to the reorganization of land around May 199, and the land directly adjacent to the instant land No. 1 was transferred to the Lway Corporation to which the Defendant executed, and on November 24, 1995, the Defendant’s ownership was transferred to the Defendant’s future ownership on January 24, 1995.

B.1) From 982 to 30 October 1956, 1956, the land category of M was changed to a road, and the land category of the instant land was changed to a road on the grounds of donation on March 17, 1993 as to the instant land No. 2, which was owned by M from March 31, 1943.

2) The instant land constitutes the present site of national highways O (Presidential Decree No. 2845, Dec. 27, 1966). The instant land occupies almost four-lanes across the road direction.

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