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(영문) 인천지방법원 2016.04.26 2015가단8154
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. Basic facts

A. On April 26, 1976, non-party S et al. and 15 others purchased land located in Nam-gu Incheon Metropolitan City (hereinafter “land before division”) prior to the division, and completed the registration of ownership transfer. On May 12, 1976, the land before division was divided into T, U through V, W, X, Z, Z or AAB, and AC, as indicated in the annexed cadastral map, as in the annexed cadastral map.

B. A land category change 1) On May 15, 1976, S completed the registration of ownership transfer due to the partition of co-owned property as of May 12, 1976 on the land located in the Nam-gu Incheon Metropolitan City (hereinafter “Seoul”) on May 15, 197. Meanwhile, on October 8, 197, S made an application for change of land category of the R land in the Nam-gu Incheon Metropolitan City from “site” to “road”.

At the time of the above application, Nonparty AD received a written confirmation from the head of the Nam-gu Incheon AEdong, stating that “the land is a site on the public register, but is currently being used as a road at present” and attached it.

C. Since the current status of ownership change 1), 446 square meters (hereinafter “instant land”) on R-road, Nam-gu, Incheon Metropolitan City (hereinafter “instant land”).

As to October 26, 1994, the registration of ownership transfer was completed in the name of Nonparty AF and AG due to the final judgment rendered on October 5, 1986. On August 21, 200, with respect to the above AF shares, the Plaintiff acquired the ownership of the above AF shares in the sale on August 1, 200, and completed the registration of ownership transfer on October 17, 200 with respect to the above AG shares on September 9, 200 and completed the registration of ownership transfer on September 21, 200 with respect to each of the above AF shares on the grounds of the sale on September 9, 200.

The Defendants, such as neighboring land, owned by the Defendants, own each adjacent land in the same form as the current cadastral map indicated in the attached sheet, as in the attached sheet.

[Ground of recognition] without any dispute, Gap evidence 1-2, Gap evidence 2-3, Gap evidence 6-7.

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