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(영문) 수원지방법원성남지원 2016.07.13 2015가단220015
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The previous 853 square meters prior to Gwangju-gun was divided into 199 square meters prior to October 4, 1986, and 64 square meters prior to D on June 26, 1987 and 152 square meters prior to E. The land classification was changed to each road on April 28, 1988. C road 19 square meters due to the change of the administrative district on March 21, 2001, the administrative district was changed to 199 square meters prior to Gwangju-si road (hereinafter “instant land”).

However, the land category on the land of this case was changed on April 28, 198, but the land category on the register of real estate was changed on January 16, 2007.

B. On June 17, 1983, in the name of G, November 28, 1983, in the name of H, in the name of H on November 28, 1983, in the name of I and J on May 29, 1986, and I and J above land.

As in the same paragraph, B, C, and E sold land to K, and L purchased the above three parcels of land including the instant land from K and completed the registration of ownership transfer on December 29, 198.

C. On September 23, 1986, Defendant Korea Culture Promotion Co., Ltd. (hereinafter “Defendant Company”) obtained permission to open a road with respect to 22,053 square meters in Gwangju-gun, Gwangju-gun, and received confirmation of completion around September 1987 upon completion of road packaging work around June 1987.

A written application for permission to establish a private road made by the Defendant Company to the head of Gwangju Gun is indicated to include 380 square meters in the area of 853 square meters prior to Gwangju-gun B.

On August 20, 2015, the Plaintiff, a spouse of L, completed the registration of transfer of ownership on the instant land due to the agreement on division of inherited property on November 23, 2014.

E. The defendant company is above C.

After obtaining permission for opening a private road as prescribed in paragraph (1), the land in this case is provided for the general public for the purpose of opening and managing it, and there has not been no property tax imposed on L after around 2000.

[Ground of recognition] without any dispute, Gap's evidence 1 through 8, Eul's evidence 1 through 7, Eul's evidence 1 through 4, Eul's evidence 1 to 4, Eul's evidence 11 to 1.B.

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