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(영문) 창원지방법원 2016.03.04 2014가단14965
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff of the parties is a person who purchased each land listed in the separate sheet (hereinafter collectively referred to as “each land of this case,” and completed the registration of ownership transfer by purchasing each land of this case or 9).

The defendant, as a local government, provides each of the land of this case to the general public for traffic.

B. Each land in the instant case was divided and land category was changed as follows while the land was acquired by B in 1916 to 1918 and owned by B.

1) On August 5, 1912, 1912, the instant land ① (1), Kimhae-si, Kim Jong-si, the mother land of the instant case, was located in D on August 5, 1912, and was divided into the ownership transfer in the future on August 30, 1916, and on November 22, 1925, Kimhae-si, Kim Jong-si, 28 square meters (93 square meters) and F 103 square meters (340 square meters). On the same day, E was changed into the road from the paddy-si to the road, and its land category was changed to the one of the instant land. Meanwhile, F was transferred to G on April 25, 1935 (2) The instant land was divided into 20 square meters and transferred to G on April 24, 193, 196, and 36 square meters in the instant land was changed into the land category of H 135 square meters (46 square meters on August 16, 29196).

On the other hand, I transferred the land to G on April 25, 1935 and transferred the land before transfer.

3) On August 10, 1912, the instant case: (a) the instant land was divided into the instant land: (b) the instant land; (c) the instant land was divided into the instant land; (d) the instant land was owned on August 10, 1912; and (c) the instant land was divided into the instant land into the number of land owned on June 7, 1918; and (d) the number of land was divided into the number of land owned on June 7, 1918, and the number of land owned on October 15, 1931; (c) the number of land was 125 square meters (413 square meters); and (d) the number of land owned on the same day was 72 square meters (238 square meters); and (e) the number was 103 square meters of O road and Q 310 square meters of land, respectively, and reached the instant land ③ and (d) the instant land.

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