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(영문) 광주지방법원 2020.07.16 2019나60621
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following amount ordered to be paid shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On February 15, 2016, the Plaintiffs purchased each share of the Plaintiff A, B, C, D, E, F, G, and H 75/1369 shares, respectively, with respect to the land of 1,369 square meters (hereinafter “instant land”) of the Gangseo-gu Busan Metropolitan Government K-gu (hereinafter “instant land”); and Plaintiff I and J purchased each share of 100/1369 shares on March 24, 2016, respectively.

B. The instant land was originally part of 2,967 square meters in Gangseo-gu Busan Metropolitan City (hereinafter “instant land before the instant partition”). The instant land before the instant partition was divided into 200 square meters in Gangseo-gu, Busan Metropolitan City, M, and 1,369 square meters in K, and 1,369 square meters in O, and among them, K 1,369 square meters in K were changed to land category as a road on the same day and became 1,369 square meters in K road (the instant land).

C. Since around 1920, N owned the land before the instant subdivision, and thereafter, after the division and land category change was made, on December 15, 1931, the instant land was sold to P with M 200 square meters and O 1,398 square meters in its entirety.

The instant land was inherited to Q, N’s successor, Q, and a part of the shares of the instant land was sold to L on or around May 2013, and the said shares were above.

A. The plaintiffs were resold as stated above. D.

Of the instant land, the part (A) of the size of 639 square meters in the ship (hereinafter “instant road portion”) which connects each point of the attached drawings Nos. 17, 18, 19, 20, 21, 7, 22, 23, 9, 24, 25, 26, 27, 28, 29, 29, and 17 among the instant land was used for vehicles and the general traffic of the general public as the passage roads of Gangseo-gu Busan (S) since the land category was changed to a road on November 21, 1924, and the Defendant maintained and managed it.

E. As to the instant land, there was a resolution of non-taxation disposition at the time of division and land category change, and no property tax has been imposed on the Plaintiffs since the date of acquisition of equity.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 to 9, 12 to 14 (including branch numbers in case of additional numbers), and the first instance court.

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