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(영문) 대전지방법원 2017.01.11 2015가단32773
부당이득금반환
Text

1. Each of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The litigation costs are assessed against the plaintiff and the succeeding intervenor.

Reasons

1. Basic facts

A. The name of the Plaintiff before the division

C. On September 10, 204, the Plaintiff’s successor purchased and used “3 land 1,190 square meters (hereinafter “the instant land 1”) and 106 square meters (hereinafter “the instant land 2”) for the purpose of purchasing and using the instant land 3 land and land 250 square meters (hereinafter “the instant 3 land”) from the Nonparty’s research institute. The Plaintiff’s successor sold the instant land on October 28, 2015 and transferred ownership to 3: (b) the attached land 14, 15, 16, 5, 6, 19, 17, 13, 144, 2, 32, 42, 42, 34, 46, 42, 42, 34, 46, 42, 34, 442, 42, 26, 27, 27, and 14.

written evidence No. 1, the result of the on-site verification by this Court, the result of the commission of appraisal to the Korea Land Information Corporation, the purport of the whole pleadings.

2. The parties' assertion and judgment

A. 1) The allegations by the Plaintiff and the Plaintiff’s succeeding intervenor are owned by the Plaintiff and the Plaintiff’s succeeding Intervenor, and the Defendant occupied and used the instant land as a road without any title. As such, the Defendant’s assertion that the land Nos. 1, 2, and 3 of the instant case is owned and used as a road without any title, it should be returned. 2) The Defendant’s assertion that the land Nos. 1, 2, and 3 of the instant case were owned by the Plaintiff and the Plaintiff’s succeeding Intervenor is the access road to the research institute and the passage of nearby village residents for the purpose of using the land as a access road connected to

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