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(영문) 청주지방법원 2015.05.12 2014나384
부당이득반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. In the case of building a G apartment on a plot of land located in the southyang-si, Namyang-si, B. B. 29 square meters of land and ownership change 1), the said business is deemed to be “E land” and in the future, other land is also specified in the same way as it is for convenience. In the case of building a G apartment on a plot of land located in the neighboring area, F. F. and four lots of land, the consent of the owner of neighboring land, including the said land, was obtained from the owner of the said neighboring land, including the said land, to use the site for opening a private road (as to the above E land, the consent of the use of the site was obtained with respect to 29 square meters of the entire area).

2) On February 10, 1987, Defendant Namyang-si obtained permission to open a private road from Defendant Namyang-si with respect to H and seven parcels, including the above E land, and thereafter, the private road was established from some of the above land to the above G apartment on the ground.

[However, the name of the above permit for opening a private road was changed to a new house on November 29, 191). 3) After the building permit for the above G apartment was completed on November 21, 1987, the size of the land owned by the I and one other is divided into B 29 square meters from the E land owned by the I and one other on September 8, 198, and the land category was changed to a road on August 24, 192. 4) The above G apartment was completed on November 25, 1991, and the above land was used for the general public as the only passage leading to the above G apartment.

5) On June 29, 2010 with respect to the above B land and adjoining land connected thereto, the public notice of the decision of urban planning facilities (road) was given by J in Nam-si on June 29, 2010, but the said land has not been implemented until now. 6) The said land owned by non- I and one other, and I transferred I’s shares to non-K and one other due to inheritance by consultation and division on December 7, 1995, and the plaintiff transferred the said land to the public sale on December 9, 201.

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