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(영문) 서울서부지방법원 2015.02.10 2014가단213298
부당이득금
Text

1. The defendant,

A. As to Plaintiff A’s KRW 7,587,200, Plaintiff B’s KRW 5,518,600, and each said money, from July 19, 2014.

Reasons

1. The fact-finding C completed the registration of ownership transfer on Nov. 1, 1954 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer on Feb. 14, 1966 due to the completion of repayment on Nov. 1, 1954. The Plaintiff completed the registration of ownership transfer on May 24, 200 on Jan. 2, 2007 on the ground of inheritance due to consultation and division after the deceased C’s death.

The network D completed the registration of ownership transfer on January 30, 1965 with respect to the real estate listed in the separate sheet No. 2 (hereinafter referred to as “the land No. 2”), and the Plaintiff B completed the registration of ownership transfer on February 13, 1996 on the ground of the inheritance due to the consultation and division after the network D’s death.

The land of this case was used for the traffic of the general public as a narrow road was formed on the ground, such as Gyeyang-gu E, Seoyang-gu, Seoyang-gu, the land of this case, which is adjacent to the land of this case No. 1 and the land of this case, and the land of this case Nos. 1 and 2 was used exclusively, and the land category was originally owned.

However, as the previous road was first expanded, the land category Nos. 1 and 2 of this case was changed to a road site on July 7, 1965, and thereafter, it has been provided to a specific number of general public since that time.

(2) The Defendant extended the first road through the “Road Construction Act” from around 1978 to around 1979, and it is the managing body occupying and using the first and second roads. The Defendant is the managing body that occupies and uses the second and second roads.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 46-2, Eul evidence 2-1 and Eul evidence 2-2, the purport of the whole pleadings and arguments

2. Return of unjust enrichment:

A. (i) The State or a local government-owned and de facto road traffic is the general public to determine the cause of the plaintiffs' claim.

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