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(영문) 서울동부지방법원 2016.08.09 2014가단133314
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 5, 1913, the net B was examined as follows: (a) C reply to the counter of Chang-si, Chang-si (hereinafter “1 land prior to division”); (b) D response 352 square meters from the window of Chang-si, Chang-si (hereinafter “2 land prior to division”); (c) on June 18, 1913, Msan-si E Order 217 square meters (at the time, “Masan-si, Fdong,” but its name was changed after the time; hereinafter “third land prior to the division”) under the Joseon Land Investigation Ordinance.

B. On November 28, 1920, the land No. 1 before the subdivision was divided into G 74 square meters (245 square meters; hereinafter “instant land 1”) and H 158 square meters, etc. of the window of Changwon-si, Changwon-si, and the land No. 2 before the subdivision was divided into D 59 square meters (195 square meters; hereinafter “instant land No. 2”) and I 293 square meters, respectively. The land Nos. 1 and 2 of this case were simultaneously divided into the said subdivision and the land category were changed to each road.

On September 23, 1926, the third land before subdivision was divided into 158 square meters and 59 square meters (195 square meters and 195 square meters, hereinafter “the second land”). The third land of this case was converted into a road at the same time as the above subdivision.

C. B died on May 1, 1930, and he succeeded to Australia and property from B, and L died on January 24, 1955, and the Plaintiff, his son, succeeded to Australia and property from L.

On October 24, 2014, the Plaintiff completed each registration of initial ownership in the name of the Plaintiff on the instant land Nos. 1, 2, and 3 (hereinafter collectively referred to as “each of the instant land”).

E. From November 28, 1920, land Nos. 1 and 2 of this case was provided for the passage of the general public, vehicles, etc. from the time of the division and land category change, and was actually used as a road. On August 31, 1971, the land was designated as part of M under the Decree of the General National Highway Designation Order No. 5771 of the Presidential Decree No. 5771 of Aug. 31, 197, and the Defendant (Masan City prior to the change of administrative area) was determined as P by the N(O of the Ministry of Land, Infrastructure and Transport on June 23, 1978.

Since then on December 4, 1997, the existing P road is the Qu-si Public Notification of Changwon-si.

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