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(영문) 대전지방법원 2020.06.18 2019나112548
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 24, 1976, the Defendant filed an application for land division and land category change in the course of the road construction project by subrogation of land owners pursuant to Article 34(2) of the former Cadastral Act in the course of the road construction project on or around April 24, 1976, and the land is divided as follows. The land category was changed (the total of each land indicated in the attached Table and all of them

A) Division into C-road 119 square meters and land category change was made on the land in Seosan City.

[Post, the above C road is the land No. 41m2 (attached Form 1; hereinafter referred to as "the first road of this case") of the C road on September 9, 2010.

(B) Division and land category change was made in the F land in Seosan-si, Seosan-si, the G road of 33 square meters (attached Form 3) was divided and land category change was made, and F land which is a mother land was changed to a site. C) Division and land category change was made in the H land in Seosan-si, Seosan-si.

[Around September 9, 2010, the above I road was divided into 168 square meters of I road and 37 square meters of J road. D) on the land in Seosan-si, Seosan-si, into 122 square meters of L road (the above L road was later corrected into 155 square meters of the area on August 19, 2010, and the same year.

9. D. D. L. 104 square meters (attached Form 5; hereinafter “the 5-road”), M. 27 square meters (attached Form 6), and N. 24 square meters, which are divided into 11 lots and land category became the site or transition.

B. The ownership of the instant road and its surrounding land was 1) owned by the networkO from February 8, 1961 for the land B, F, H, and K, which was the master lot number before the instant road was divided into the instant road.

After the division of the above land, the NetworkO sold all or part of the site except for the road, and the deceased’s heir died on August 14, 198, and the land category was changed on August 16, 2016 to the land category on which the deceased’s heir was the PJ of the instant road and Seosan City.

235 square meters, etc. shall be inherited.

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