logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.11.01 2016나25821
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 5, 1913, the net B was examined as follows: (a) C reply to the window C (hereinafter “the land before division”); (b) D response 352 of the window of Changwon-si, Changwon-si (hereinafter “the land B before division”); (c) on June 18, 1913, Simsan-si E reply 217 (the name of the administrative district was changed since “Masan-si Fdong at the time,” but the name of the administrative district was changed after the time; hereinafter “three land before division”) under the Joseon Land Investigation Order.

B. On November 28, 1920, the land No. 1 before the subdivision was divided into 65 square meters in U of Chang-si's counter 65 square meters, G 74 square meters (hereinafter "the land No. 1 of this case"), H 158 square meters in H, and the land No. 2 of the same day before the subdivision was divided into 59 square meters (195 square meters; hereinafter "the land No. 2 of this case") in Chang-si's counter Do and 293 square meters in I. The land No. 1 and 2 of this case were converted to each road at the same time as the above subdivision.

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 “third 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 succeeded to the property of the Republic of Korea, and L was succeeded to the property of the Republic of Korea on January 24, 1955.

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

E. From November 28, 1920, land Nos. 1 and 2 of this case was provided for the passage of the general public and vehicles from the time of division and land category change, and was actually used as a road. On August 31, 1971, the Defendant (hereinafter “Masan City prior to the change of administrative area”) occupied and managed the land as a road management authority after the decision to P pursuant to the N(O) of the Presidential Decree No. 5771 on June 23, 1978.

The third land of this case is general from September 23, 1926 at the time of division and land category change.

arrow