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(영문) 서울중앙지방법원 2018.01.11 2017나63896
부당이득금
Text

1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked.

All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

Reasons

1. In the first instance court’s trial scope, the Plaintiffs filed a claim for the return of unjust enrichment against the Defendant on the principal lawsuit, and the Defendant filed a claim for the transfer registration of ownership due to the completion of prescriptive prescription against the Plaintiffs on the counterclaim. The first instance court accepted all the claims of the Plaintiffs on the principal lawsuit and dismissed all the Defendant’s counterclaim claims.

In this regard, the defendant filed an appeal only against the part concerning the principal lawsuit among the judgment of the court of first instance, which is subject to the judgment of this court is limited to the plaintiffs' claims.

2. Basic facts

A. 1) Gyeonggi-gun Group G G of Gyeonggi-gun 189 square meters (hereinafter “mam land”).

April 29, 1925 for the same year

4. 20. The registration of transfer of ownership was completed in D name on the grounds of sale.

2) After the land category was changed to the answer, the land category of which was divided into 10 square meters and 179 square meters on November 17, 1937. On the same day, the land category of H 10 square meters was changed to that of H 179 square meters on the same day. 3) The above I P 179 square meters was divided into the above I 4 square meters and 175 square meters on June 5, 1946, and the above J 4 square meters on the same day.

4) Around December 7, 1962, D disposed of the above J 175 square meters, and around that time, D completed the registration of ownership transfer in the name of K. 5) The above H 10 square meters of roads and the above I 4 square meters of roads were the land listed in the attached Table No. 1 (hereinafter referred to as “land No. 1”) and the land listed in the attached Table No. 2 (hereinafter referred to as “No. 2”) in the attached Table No. 1 (hereinafter referred to as “each land of this case”) through the change of administrative district and the conversion of the area into a unit.

B. Each of the instant lands is currently being used as part of the site of a local highway, a local highway that runs from the present Kimpo-si to Seocheon-si, Kimpo-si, and is a asphalt package, and the road management agency is the defendant.

C. On May 1, 2007, May 1, 2007, the date of the death of the Plaintiff, the Plaintiffs inherited on March 23, 1995, with respect to one-third shares of each of the instant real estate.

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