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(영문) 광주지방법원순천지원 2015.12.10 2014가단17811
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. At all times B 828 copies of the old land ledger (No. 9-1 of the evidence A), however, the distributed farmland management ledger (No. 8 of the evidence A) is written in 808 square meters.

(hereinafter referred to as “the original land of this case”) on April 9, 1948, on November 23, 1961, 1961, which was distributed by the deceased C, the Plaintiff’s wife and the wife of C, the registration of ownership transfer was made in the deceased D, the wife of the Plaintiff’s mother and C.

B. On August 7, 1965, the network D applied for the division and land category change to the competent authority on the original land of this case. Accordingly, the original land of this case was divided into ten parcels of land “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Since then, “G 149 square meters” was arranged as “493 square meters of Si roads in Inn Water-si” (hereinafter “instant land”) through the change of administrative district and conversion of area unit.

C. After around 1980, the Defendant included the instant land into the road site and constructed concrete packaging works. On 192, the instant land was constructed as a sewerage pipe on the instant land, and thereafter, the Defendant left the maintenance and management thereof until the date of closing the argument in the instant case.

D deceased on August 13, 2014, the Plaintiff completed the registration of ownership transfer on the instant land due to the inheritance due to the consultation and division on August 13, 2014, and the transfer of ownership was completed to J on the same day.

E. As of the closing date of the pleading of this case, the land of this case is used for the general public’s passage on the following sides: (a) one kind of street (breadth from 20 m to 25m) as the confirmation drawing of the land use planning source.

On-site photographs: (a) the fact that there is no dispute over the confirmation drawings of the land use planning source [based on recognition]; (b) the number of each entry in Gap evidence 1 through 11; and (c) Eul evidence 1 through 5 shall be included; and (d) the same shall not apply.

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