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(영문) 서울중앙지방법원 2018.11.07 2017가단5159302
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. Land Nos. 1 through 6 was owned by C. The Plaintiff completed the registration of ownership transfer on April 4, 194, respectively, for land No. 1 on April 22, 1954, and for land Nos. 2 through 6 on August 9, 2017.

1) On November 30, 1940, the land category of No. 1 (49 square meters) was changed to a road as it was partitioned into DP No. 417, which was owned by C on November 30, 1940. Since that time, the land category was used as part of the E-middle School entry road. 2) Land No. 2 (17 square meters) was partitioned from October 22, 1932 to November 9, 1932, and the land category was changed to a road on November 9, 1932, and is used as part of the road thereafter.

3) The third land (30 square meters) was divided on November 18, 1940 from H site No. 1,386 (this land was divided on January 6, 1937 from H No. 1,697, and the land category was changed on November 11, 1940 to site.

On November 29, 1940, the land category was divided and changed from the site to the road. Since that time, the land category was used as part of I central road from that time to that time. 4) The land category was changed to the road on November 30, 1940 due to the division from JJ on November 30, 1940, and the land category was used as part of E-middle school entry road.

If the approach road from the intersection of the Emiddle School is lowered to the south, the part of the land 4 and the part of the land 1 will pass successively, and the left turn to the left at the center crossing with the center where the land 3 is assigned, the part of the land 3 will pass, and immediately after that, if the right turn to the left turn to the south, the part of the land 2 will pass, and the river will collapse to the south, if the right turn to the right turn to the right at the intersection with the road where the land 2 is assigned.

5) Nos. 5 and 6 land (total 16 square meters) are land owned on November 9, 1932, K 138 square meters (original 523 square meters) prior to K, but is divided into M from around August 12, 1930 to 385 square meters, which was divided into L. The land category was changed to a road, and has been used as a Nbp central road from around that time.

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