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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. Basic facts
A. J (B B before the opening of a name: F) was investigated on April 1, 191 on the land listed in the separate sheet, and the land listed in paragraph (1) of the attached list (hereinafter “land 1”) and paragraph (2) of the attached list (hereinafter “land 2”) were incorporated into a road after the alteration of the land category from “the answer sheet” to “road” on November 1, 1921, and the land listed in paragraph (3) of the attached list (hereinafter “third land”) and paragraph (4) of the attached list (hereinafter “each land of this case”).
B. On July 6, 1939, J died, and K, one of its children, inherited the property of the J solely by inheritance of Australia.
C. After L died on July 13, 1998, L entered into an agreement on the division of inherited property with L's wife I, children M, N,O, and P to which I would inherit each of the land of this case.
Accordingly, with respect to land No. 1, 3 and 4 on January 14, 201, I completed each registration of ownership preservation on land No. 2 on May 17, 2011.
Around January 25, 2011, I entered into a sales contract with the Plaintiff for the purchase price of KRW 45,00,000 with respect to each of the instant lands, and completed the registration of transfer on February 22, 201 with respect to the land No. 1, 3, and 4 on February 22, 2011, and the registration of transfer on May 17, 201 for the land No. 2, which was based on sale, on April 29, 201.
E. On October 1, 1971, the Defendant decided each of the instant land as an elderly urban planning facility (road) and thereafter, occupied and used each of the instant land by providing it for the passage of the general public.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5 through 9, Eul evidence Nos. 1 through 5, and 9 (including serial numbers; hereinafter the same shall apply), the result of inquiry into the elderly military administration of this court, the purport of the whole pleadings
2. Occurrence of liability for return of unjust gains;
A. Determination as to the cause of the claim