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(영문) 창원지방법원 2021.02.23 2019가단111861
부당이득금
Text

The plaintiffs' claims are dismissed.

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

Reasons

Facts of recognition

The parties’ relationship A (the Deceased’s death on August 14, 2019) died, and the deceased J (the Deceased on May 31, 1998) (the deceased’s death) completed the registration of transfer of ownership on August 18, 1998 due to inheritance by division on May 31, 1998, with respect to the attached Form 1, 2, and 3 real estate (hereinafter “Attachment 1, 2, and 3 real estate”).

The plaintiffs are the inheritors of the deceased.

Attached Form

On March 1, 1954, the ownership relationship and the land category change before and after the division of real estate was divided into L or M on March 1, 1954, and on November 8, 1962, the network J completed the registration of the transfer of ownership in its own name with respect to the N 45 square meters (149 square meters) prior to N (hereinafter “N land”) and the 399 square meters prior to theO (1,319 square meters).

Before the 399 square meters (1,319 square meters) was divided into 1,246 square meters prior to the O on December 31, 1974 (hereinafter “O land”) and 1,246 square meters prior to the O, and the land category of attached Tables 1 and 2 was changed from the previous date to the road.

On August 29, 1981, the Network J completed the registration of transfer of ownership to P on the instant N and the instant O land, but attached Form 1 and 2 were owned without disposal, and was inherited to the deceased by the person who was on board.

On November 17, 1939, 429 square meters prior to Kimhae-si Kim Jong-si was divided into 300 square meters (92 square meters) prior to R (hereinafter “instant R land”), 3 real estate, and 87 square meters (28 square meters) of the site for S factories (hereinafter “instant S land”), and the land category of attached Table 3 real estate was changed from before the same day to the road.

On June 30, 1965, the deceased J completed the registration of transfer of ownership in its own name with respect to the instant R R land, attached property 3, and land of this case. On May 28, 1980, on the above R land, on August 31, 1981, the deceased J completed the registration of transfer of ownership with respect to the above S land, but on August 31, 1981, it owned the land without disposal and succeeded to the deceased.

Since the change of land category into a road, the defendant has provided the general public with the possession and management of the attached real estate so far.

【Ground of recognition】

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