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(영문) 의정부지방법원 2019.10.22 2018가단24578
부당이득금
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. A. On October 18, 1913, theO was under the circumstances of around 301 of the Gyeonggi-gun P, Nam-gun P on the instant land. Following the death of theO, Q Q, which he had succeeded to the instant P land. (ii) The instant P land owned by Q, was divided into 73 square meters before R on September 7, 1962 and 228 square meters before Q, respectively.

3) As Q dies on April 13, 1973, the registration of ownership transfer was completed in the name of T (1/14), U (4/14), V (4/14), W (1/14), X (1/14), Selection M (1/14), Selection N (2/14), and Selection N (2/14) on April 12, 1975 with respect to each of the above land divided into approximately 155 and 73 square meters prior to the date of S on April 12, 1975.

5) Since the 73 square meters of the said RR land, it shall be 241 square meters prior to the Z in Yangyang-si (hereinafter “instant land”).

6) The change was indicated as the heir of the Plaintiff (Appointed Party), A, C, D, and E among the above co-owners, and the Selection F, G, H, I, and Nonparty A are the heir of the above co-owners, and the heir of the Selection J, K, and L are the successors of the above AA.

(The share of T, U, and V among the above co-owners is deemed to have not participated in the lawsuit of this case by the right holder (hereinafter referred to as the "party to appointment"). B.

1) The current status of the instant land (R), S, and Y land, which was divided from P land as seen above, was classified into the following cadastral maps. In other words, the instant land was classified into the land and Y land. In other words, it is confirmed that the instant land was divided into the “daily traffic route” which combines the above S and Y respective sites and meritorious services. 2) The instant land was used as a road from around 1954 to the present date, as confirmed by the following photographs.

The inheritors of Q sold the above S land to AB and one other on March 13, 2013. On the premise that Q’s heir used the instant land as a passage passage, AB and one other, a new building was built upon obtaining a building permit on the above S land under the premise that Q’s heir used it as a passage passage. 4) On October 13, 1975.

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