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(영문) 서울북부지방법원 2018.04.18 2017가단122144
부당이득금
Text

1. The defendant,

A. Plaintiff A, B, and C: (i) KRW 4,317,60 each, and its corresponding amount shall be from November 7, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Division and land category change of the real estate listed in the separate sheet (hereinafter “each land of this case”) was divided into 486 m3 m3 m2 on November 27, 1972 from the Gyeonggi-gun, Gyeonggi-gun, J. J. 486 m2 owned by the network I, and the remainder was real estate listed in the separate sheet No. 1 on July 24, 1987. The real estate listed in the separate sheet No. 5 on July 24, 1987 was divided and land category changed.

Before L, from L on November 27, 1972, the land of M and N land were divided, and the remaining parts were real estate in the attached list No. 2. The real estate in the attached list No. 6 was divided and land category changed on July 24, 1987 from the above M land.

On July 24, 1987, the real estate in paragraph 3 of [Attachment] was divided and changed in P land, and the real estate in paragraph 4 of [Attachment] was changed in P land.

B. (i) The deceased on September 16, 2003, and the deceased on September 16, 2003, and the deceased’s heir A, B, C, and the deceased’s heir Q Q.

Since then, the net Q died on January 26, 2009, and there were Plaintiffs D, E, Plaintiff F, and Plaintiff G with the heirs of the net Q.

The Plaintiffs succeeded to the shares equivalent to each of the respective shares of inheritance among the instant land owned by the network I. The shares of Plaintiffs A, B, and C are 1/4 of each of the instant land, and the shares of Plaintiffs D are 3/36 ( net Qu shares 1/4 x 3/9 of each inheritance x 3/9 of each), Plaintiffs E, Plaintiff F, and Plaintiff G are 2/36 of each of the instant land (net Q Q shares 1/4 x 2/9 of each inheritance).

C. (i) The current status of the use of each of the instant lands (i.e., each of the instant lands is assigned to the R-R road (Spass road; hereinafter “instant road”) leading to the self-building distance outflow from the interesting village located in both weeks, and is used as a road passing by the general public.

Things The road of this case was built by neighboring residents through self-helping projects in 1971, around 1983, the road expansion construction for bus and freight cars was conducted, and the government's expenses were invested in 1986, and the road is right bypassing and packing construction for R among the roads.

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