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(영문) 대구지방법원 2016.06.14 2015가단31060
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Daegu Dong-gu B road B (hereinafter “instant land”) is currently being used as a road, and the process of dividing the relevant land and opening the roads is as follows.

① On May 11, 1974, the Daegu-gu land number prior to the subdivision of the instant land was designated as the urban planning line (ro-ro E) by means of a public announcement on May 11, 1974, as of May 1, 1974. ② purchase of land and G land in Daegu-gu for the purpose of constructing and selling apartment and commercial buildings; ③ upon the F’s request on April 18, 1985, the land category of Daegu-gu C was divided into C, H, I, and I, ④ on May 15, 1985, to the building site of the Daegu-gu G land, which was a leased apartment and commercial building; ② the land category of the instant land was altered from the Daegu-gu G land to the building site of the instant case; ② the land category of the instant land was altered to the 19th new-gu 18th 7th 1985 square meters of the instant land; and ② the land category of the instant land was altered to the 1st 8th 198th m of the instant land.

B. 1) Since around 1985, the instant land has been used as a passage of neighboring residents, including J apartment residents and their visitors to commercial areas. 2) around 1994, the Defendant performed a road construction project that connects with the Daegu-gu Dong-gu U(China 2) and P(P(P as Category 1) and performed a construction project on the instant land.

3. The defendant's 194.

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