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(영문) 서울북부지방법원 2016.08.11 2015가단134594
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The registration relation 1) E Co., Ltd. (F Co., Ltd. on December 13, 197), and the trade name was changed to G Co., Ltd. on October 24, 198;

hereinafter referred to as “G”

On January 31, 1975, Seoul Special Metropolitan City, Nowon-gu (hereinafter referred to as "the mother land of this case") is the same as the land of Dobong-gu, Seoul Special Metropolitan City (hereinafter referred to as "the city of this case"), and therefore, it is to be displayed only as the lot number for convenience.

(2) On March 15, 1975, the mother land of this case was divided into J-miscellaneous land and J-miscellaneous land on April 7, 1975, and the mother land of this case was eventually divided into J-miscellaneous land and K-miscellaneous land on April 7, 1975, and eventually, the mother land of this case was divided into three parcels: I forest land, J-miscellaneous land, and K-miscellaneous land.

Since May 24, 1986, I forest land was changed to the lot number and land category of D-road 282 square meters (hereinafter “instant land”).

B. The location and use relation of the instant land was 1) from around 1975 to the J land divided into the instant mother land, which began to be constructed, and from August 19, 1976, the ownership of the instant apartment was transferred to the purchaser of the said apartment. 2) On the land divided from the mother land of this case, G constructed a building on the land of K, which was divided from the mother land of this case, and undergone a completion inspection on April 24, 1976.

3) The instant land was used as a road for the passage of general public and vehicles, as a road for the passage of vehicles, in the shape of a sloping bridge with a width of 15 meters in width located on the north side of the original land of the instant case, from around 1974 to around the same day, and was connected to the width, such as MM roads, N roads, and O roads abutting on the west side of the said road. The said apartment and G buildings were installed, and the J land and K land where the said apartment and G buildings were constructed are surrounded by the site owned by others, and it is reasonable to pass through the instant land to reach the road where the general public and vehicles pass. As such, the instant land was used as a new access road and a new apartment and G building and its access road from May 11, 1974.

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