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(영문) 수원지방법원 2020.05.14 2019가단510348
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 15, 1928, the ownership of Gangseo-gu Seoul E-dong (hereinafter “E-dong”) 3,022 F (hereinafter “the land before division”) was transferred to Nonparty G (hereinafter “the deceased”) who purchased the land on February 15, 1928 after Nonparty G was first informed of the fact.

B. The land before subdivision was divided and land category was changed between 1959 and 1973 as indicated below. Among them, the land in this case was divided on January 6, 1959, and the land category was changed to the ditch on the same day. The remaining land except the land in this case was transferred to a third party by the time of division as above.

Before subdivision, on December 6, 1959, on December 23, 1964, the land before subdivision was 3,022 F prior to F. 8, 1972 D on May 8, 1972 at KRW 33,022 prior to F. 8, 1973, i.e., 2,989, I, 229, I, 229, J. 105, J. 24, 100, 252, M. 256, M. 256, 114 N. 28, P. 727, P. 125, 125, prior to F. 8, 194

C. After October 1, 2018, the registration of ownership transfer was completed in the name of the Plaintiffs, who are the deceased’s inheritors, and Nonparty R, S, T, etc. on the instant land due to inheritance as of December 26, 191. Of the above land, the shares owned by the Plaintiffs are the shares owned by Plaintiff A, C, and Plaintiff B, as of October 1, 201, and 54/270 shares.

At present, among the lands divided from the lands before subdivision, the instant lands and J and N lands are being used as roads and access roads for the remaining lands divided by roads, and passage roads for neighboring residents, and buildings used for residential and neighborhood living facilities are located on the remainder of the lands except each of the above lands.

E. Meanwhile, on April 13, 2017, the instant land is included in the Gangseo-gu Construction Work for Road Construction by the Gangseo-gu’s public notice of the authorization of the implementation plan for the project of U-Urban Planning Facilities (Road), and is currently in progress.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Gap evidence 8 to 9-2, Eul evidence 1 to 1.

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