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(영문) 의정부지방법원 2015.11.25 2014가단115858
부당이득금
Text

1. The defendant,

A. Plaintiff A: KRW 7,143,345; KRW 7,142,582; KRW 7,142,582; KRW 7,142,582; and Plaintiff D.

Reasons

1. Basic facts

A. On August 9, 1971, J completed the registration of initial ownership relating to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant K”) and the real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 2 (hereinafter “instant L land”), and Plaintiff A, B, C, D, E, F, G, H, H, and I completed the registration of initial ownership based on their respective shares among each of the above real estate on the grounds of inheritance as of January 23, 1994 as of September 26, 1994.

B. Korea completed the registration of each of the co-ownership shares of Plaintiff G, H, and M on the ground of the acquisition of the land for public use as of August 8, 2014 as of the instant K on the ground of the consultation on the land as of August 11, 2014, and the entire co-ownership shares of Plaintiff A, B, C, D, and F, and October 23, 2014 on the ground of the consultation on the land for public use as of October 23, 2014.

C. On June 13, 2014, the Defendant completed the registration of the transfer of each of the co-ownership of Plaintiff C, B, and I’s co-ownership on the instant L land on the ground of the acquisition of the land for public use as of June 12, 2014, on the ground of the acquisition of the land for public use as of July 30, 2014, the entire co-ownership of Plaintiff A, D, and F’s co-ownership on the ground of the acquisition of the land for public use as of July 30, 2014, and on the ground of the acquisition of the land for public use as of October 23, 2014.

On March 14, 1981, the instant K land and L land were designated as a route-based national highwayO by Presidential Decree No. 1 on March 14, 1981, and was managed as a road by starting the use of the road on April 6, 1981 under Article 26 of the notification of the Seoul Regional Land Management Agency, and thereafter, part of the land included in the bicycle road is occupied and used by the Defendant.

[Ground of recognition] A without dispute, entry of Gap evidence 3, 5 evidence, Eul evidence 1 and 2 (including additional number), appraiser's appraisal result, the purport of the whole pleadings

2. The occurrence of liability to return unjust gains;

A. We examine the determination of the cause of the claim, and if the State or a local government uses land owned by others as a road site without legal title.

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