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(영문) 광주지방법원 2016.09.02 2015가단500892
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The non-party F, the owner of the land before the subdivision of Gwangju Dong-gu E land (hereinafter “E-division”) and the No. 1 road listed in the table No. 1 attached hereto, sold the said land to others after dividing the said land into several parcels as follows from November 1, 1971 to December 1, 1977.

(B) (No. 7). (2) 1,279 square meters (attached Form 1: hereinafter “instant first road”) of G road in Dong-gu, Gwangju-gu, Gwangju-gu was divided into “E pre-division land” on December 31, 197 by Nonparty F.

(B) On January 12, 1978, the non-party F applied for a land category change from the site to the road with respect to the first road of this case, which was used as a road (Evidence No. 3) as of January 12, 1978 (Evidence No. 6), and on January 13, 1978, the land category of the first road of this case was changed to the road.

(4) At the time of the change of the land category of the instant road into “road”, each divided land was developed into “E” as the only passage leading to the first road as the instant road.

On the other hand, on April 18, 1978, Nonparty F sold the land of Gwangju Dong-gu to Nonparty I as “H apartment site” (Evidence No. 4). On July 24, 1978, Nonparty F constructed H apartment after obtaining a building permit for “H apartment” with the only passage leading to the first road of this case to J (J) on July 24, 1978.

(B) (No. 2) (5) The first roads of this case are used as the only passage of each divided land from the above H apartment and the “E-divided land,” as shown below, until now.

E G K LNO Q R R P

B. On November 11, 1971, 1971, the non-party U, who was the owner of the land before the T-Division, divided the land in Gwangju Dong-gu T-gu (hereinafter referred to as “T-gu land before the T-Division”) and divided the “T-gu land before the T-division” into V, L, and K-do land, and March 6, 1984, divided the V land into the said “C-gu Land.”

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