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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The registration of ownership transfer was completed on December 24, 1971 in the name of the Plaintiff A with respect to each one-half portion of each of the lands listed in the separate sheet Nos. 1 and 4 (hereinafter “the lands Nos. 1 and 4”), and on December 13, 1983 with respect to the remaining one-half share, respectively, in the name of the Plaintiff B.
B. On July 14, 1997, each registration of ownership transfer was completed in the name of the plaintiffs as to each one/2 shares of the land listed in the separate sheet No. 2 (hereinafter "No. 2 land").
C. On December 29, 1997, each registration of ownership transfer was completed in the name of the Plaintiffs on December 29, 1997 with respect to each one/2 shares of the land listed in the separate sheet No. 3 (hereinafter “third land”).
Attached Form
The current status of each land indicated in the list (hereinafter referred to as "each land of this case") is packaged as asphalt as a dong side of the I general industrial complex located in H in Asia-si, and it is not directly connected to access although it passes through 24 national highways on north-west, and it is not directly connected to access. C Co., Ltd. (hereinafter referred to as “D”) on January 1, 2013.
A) Along with F Co., Ltd., F Co., Ltd. (hereinafter “F”), each of the instant lands is used as access roads for factories, etc. around each of the instant lands.
[Ground of recognition] A without dispute, Gap evidence 1 through 4, Eul evidence 10 (including paper numbers) or video, the result of the commission of appraisal to appraiser G by the court of first instance, the purport of the whole pleadings
2. The plaintiffs' assertion and judgment
A. Since the defendant alleged by the plaintiffs without any legal ground occupied and used each of the lands of this case as a road, the defendant is obligated to return unjust enrichment equivalent to the rent to the plaintiffs who are the owners of each of the lands of this case.
B. Determination 1 forms of possession by the State or a local government can be divided into possession and possession as a de facto controlling entity as a road management authority. As such, public announcement of recognition of routes and determination of road zones under the Road Act are either determined by the Road Act or by the Urban Planning Act.