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(영문) 서울동부지방법원 2014.10.02 2014가합103839
부당이득금
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On November 1, 1965, Non-party E (hereinafter referred to as “the deceased”) purchased the ownership of the land from the Gwangjin-gu Seoul Special Metropolitan City F (the lot number before changing the administrative jurisdiction: Seongdongdong G in Seoul; hereinafter referred to as “instant partitioned land”) on October 15, 1975. On October 15, 1975, the above land was divided into 28 lots (the Sungdong 2 changed by AT and BF to AU) on the basis of the change of 29 administrative districts, including the land listed in the attached Table 1 list (hereinafter referred to as “instant land”).

At the time of each subdivision, the parcel number (H) as at the time of the subdivision (H) 1 G F 1 G 1 G K 2J 3 L M M M 5 P & 6 RST 7 U large 8 V W 8,000 9 AB AE AE 11,00 12 AB AE AE 13 AF AF AE 13,00 15 AJ AJ AM AM AM 16 BP AM 17 BG 19 AP AS 19, BP AS 20 AV BG 21 BG BG 23, BG BG 23, BG 245 BG BG 26, and BG 27, the relative land size of the land in the cadastral map of the BJ 9 BG BJ 26, BG 25.

The Deceased, among the lands divided as above, donated to the Defendant on February 22, 1982, the Gwangjin-gu Seoul Special Metropolitan City AA, and among the remainder, sold each of the lands except the instant land to others from May 23, 1975 (M) to December 18, 1982 (BaU).

The Deceased died on June 3, 1990, and the Plaintiffs, the inheritors of the Deceased, inherited each of the instant land 1/4 shares by agreement and division, and completed each of the share transfer registrations on May 22, 2013.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4, and the plaintiffs' assertion of the purport of the whole pleadings by the parties concerned are gaining profits from occupying and using the land of this case as a road, and thereby causing damage to the plaintiffs who are owners of the land of this case. Thus, the plaintiffs are the following parties to the land of this case from June 17, 2008, five years before the date of the lawsuit of this case until April 30, 2014, which is the point of time of appraisal of this case.

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