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(영문) 부산지방법원 2014.10.23 2013가단74086
부당이득금반환
Text

1. The Defendant’s KRW 51,535,200 as well as 5% per annum from July 2, 2014 to October 23, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s father B (the deceased’s death on November 13, 200; hereinafter “the deceased”) completed the registration of initial ownership on June 16, 1941 with respect to the land of 1,63 square meters (the ownership transfer to Non-Party E on March 4, 197), F field 7 square meters (the land category was changed to the road on August 30, 1967), G field 327 square meters (the land category was changed to the road on February 29, 1969), G field 327 square meters (the land of this case), H23 square meters (the land category was changed to the road on May 16, 1968) and H23 square meters (the ownership transfer was sold to Busan City on June 4, 1968).

B. Since February 29, 1969, which was the date of land category change, the instant land was used for the general public’s traffic as part of the local highway (ro Three degrees) managed by the Defendant until the date of closing argument.

C. On August 14, 2013, the Plaintiff, after the death of B, completed the registration of ownership transfer based on inheritance by consultation and division. D.

From September 4, 2008 to September 3, 2013, the rent of the instant land is assessed as the road being used, the total amount of KRW 18,436,100, and the appraiser I for the unpaid land is assessed as the site for the previous public project, and the unpaid land is assessed as the site for the previous public project, and the compensation is not paid. The price was assessed by considering the status of the use as at the time of incorporation into the public project and by considering the land category as at the time of incorporation and the situation of the use of adjacent land, etc., unless the situation of use as at the time of incorporation is known.

would be 51,535,200 won.

[Ground of recognition] Facts without dispute, Gap 1 through 3-3, Eul 1-1 to Eul 2-4, results of appraisal of fees by appraiser I, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, it is reasonable to view that the Defendant occupies the instant land by providing it to the general public for the traffic while maintaining and repairing it as the managing body of the road.

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