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(영문) 창원지방법원 2018.09.12 2018가단100635
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On August 5, 1912, G G 174 square meters (hereinafter “instant land before the instant subdivision”) was circumstances in the front of the Plaintiff’s lighting division H on August 5, 1912. On September 19, 1913, the Plaintiff’s I (name after the name was opened: J) ownership was transferred.

B. On November 22, 1925, the instant land before the instant partition was divided into 86 square meters in K, 86 square meters in G, 274 square meters in F, and 215 square meters in L, and on the same day, the instant land was converted into land category on the same day.

On October 16, 1958, I made a registration of preservation of ownership on the land in this case.

C. On December 4, 1962, the land category was changed to the road on August 1, 2005, after the ownership was transferred to M in the future on December 4, 1962. The land category was changed to the road on February 5, 1987, after the transfer of ownership was divided into 61 square meters and 25 square meters in the field of K. The land category was changed to the road on August 1, 2005.

On February 5, 1987, when the land category was changed to a road, the ownership was transferred to the Defendant on February 8, 1988, and the K road and N 25 square meters was merged on April 14, 2010.

L 215㎡ on June 19, 1979, after the ownership was transferred to P on May 8, 1997, divided into L 17 square meters and Q 38 square meters on May 8, 1997. L 17 square meters on July 29, 2005 were merged into R 5018 square meters on July 29, 2005.

Q 38С was transferred to the Defendant on June 29, 1998, and the land classification was changed on December 9, 199 after the transfer of ownership to the Defendant. On December 13, 1999, the area was increased to 168 square meters by combining the S road and the area was divided into Q 141 square meters and T 27 square meters on February 3, 2006.

E. On August 25, 2001, the defendant designated and announced the route of the road to which the land of this case was incorporated as U.S. as a national highway V. Since that time, the defendant occupied and managed the land of this case as a road and provided it for the passage of the general public.

F. I produced AA, AB, AC, AD, and the Plaintiff respectively and died on December 24, 1968 between W (the consultation with I on January 10, 1961) and X-Y and Z (the latter part).

The Z died on October 15, 1989, and X, Y, AA.

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