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(영문) 서울북부지방법원 2020.03.25 2019나37692
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

1) The Dongdaemun-gu Seoul Metropolitan Government Gdong (hereinafter “Gdong”) where the ownership transfer registration was completed in the name of the deceased L, which was put by the plaintiffs around August 198 to September 9, 198.

3) As to the land of H (hereinafter “instant land before the instant partition”)

(2) On August 24, 198, the land category was changed to a road. On June 28, 1999, the F-road 192 square meters (hereinafter “instant land”) and K-road 53 square meters. The land category was divided into a 780 square meters, F-245 square meters, N-368 square meters, H-28 square meters, H-28 square meters, and O-245 square meters.

3) On November 28, 2012, an O large 245 square meters was divided into KRW 206 square meters and KRW 39 square meters. On December 12, 2014, the land category of the above O was changed into a railroad site. On December 12, 2014, the ownership relationship of the land before the instant subdivision was 1) M large 780 square meters on the ground of donation on August 24, 198, the registration of ownership transfer was completed in the Plaintiff A’s future.

2) On December 30, 1999, FJ large 245 square meters was caused by inheritance due to the death of deceased L on December 30, 199, the transfer registration of ownership was completed in the future of the Plaintiffs, I, and J (I shares were completed on July 25, 2001 on the ground that the donation was made on July 25, 2001.

A) On January 24, 2000, the registration of ownership transfer was completed in Q and R on the ground of sale and purchase.

4) The registration of ownership transfer was completed in Qua on the ground of sale on September 10, 198 on the H 285 square meters, on the ground of sale on September 10, 198. 5) O 206 square meters and P 39 square meters on the ground of a consultation on public land on December 18, 1998, and the registration of ownership transfer was completed in the Republic of Korea.

The current use of the land of this case is packed, and is currently used as the current general bus T and village bus U.S. service route.

【In the absence of any dispute, there is no ground for recognition, Gap’s evidence Nos. 1 through 3 (including a branch number), Eul’s evidence Nos. 1 and 2, and the purport of the whole pleadings, the defendant of the plaintiffs, who asserted the purport of the whole pleadings, shall occupy and use the land of this case owned by the plaintiffs for the general public for their passage.

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