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(영문) 창원지방법원 2015.10.23 2013가단28936
부당이득금
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Before the split-off of the ownership of the land before the split-off, G No. 489 and H No. 222 were assessed in the name of G on August 20, 191, respectively. On February 14, 1925, K transferred ownership on February 17, 1925.

B. After the division of each of the instant land and the change of land category, G 489 square meters was divided into 53 square meters in L, E, 69 square meters in L, E, 69 square meters in M, 365 square meters in M, and N 2 square meters in each of the instant land before the division and the change of land category. The land category of E and N was changed to each of the relevant roads.

Before the division, GH H H 22 was divided into 108 O 15 October 1931 and F 114 mar (377 mar) on October 15, 1931. F land was changed to a road on the same day.

(hereinafter referred to as “each of the instant lands”) land and F land in the above E branch;

C. After the division, the ownership of the land after the division, Kimhae-si, Kimhae-si, 228 square meters was transferred to P on February 26, 1936, and the registration of ownership transfer was completed due to inheritance by agreement division on September 26, 1948 under the name of Q put by the plaintiffs on June 12, 1989.

On February 26, 1936, FF road 37 square meters was transferred to P on February 26, 1936. On June 12, 1989, the name of Q Q was transferred to Q on September 26, 1948. On December 4, 2007, Plaintiff A and B completed the registration of ownership transfer due to inheritance by agreement division.

In the current status of the use of each land of this case, E-road 228 square meters and F-road 377 square meters are above the same.

Since 1931 divided as described in the port, it has been used as a road.

The defendant shall carry out road packaging works on the ship (D) which connects each point of the attached Table 2, 3, 4, 5, 10, 9, 8, and 2 among the land area of 228 square meters in Seoul Special Metropolitan City, Kimhae-si, and the attached Table 12, 13, 14, 15, 21, 20, and 12 among the land area of 116 square meters in sequence, and the land area of 212 square meters in sequence among the land area of 377 square meters in Seoul Special Metropolitan City, Kimhae-si, and shall be designated as R and used by the general public.

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