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(영문) 부산지방법원 2019.01.18 2017가단324543

부당이득금

Text

1. The defendant,

A. As to Plaintiff A’s KRW 8,875,596, Plaintiff B’s KRW 5,917,064, and each said money, from June 6, 2018.

Reasons

1. Basic facts

A. On April 22, 1960, the ownership transfer registration was completed on the ground of the completion of repayment on December 31, 1957, in Busan Shipping Daegu D, 405 (hereinafter “Before subdivision,” and the name of the administrative district omitted) on April 22, 1960.

B. The superintendent of the Office of Education of Busan City filed a non-taxation report with the director of the competent regional office of education on the part of the land before the division on behalf of the deceased on behalf of the land owner on May 30, 1961 in accordance with the former Cadastral Act (amended by Act No. 9774 of Jun. 9, 2009). Accordingly, the land before the division was divided into D No. 2, C 88, G 314, and C 88 was changed into a road on the same day.

C. On November 28, 1972, D 2 PP transferred its ownership to H. On June 28, 1972, C road 88 square meters was C road 291 square meters in size as a unit of area on June 20, 1977, and C road 254.2 square meters in size after the cadastral resurvey (hereinafter “instant land”). G 314 square meters in size was transferred to I as an incorporated foundation on July 3, 1963.

The land of this case was used as a contribution in 1960 or before it, and is currently used as a passage through F School. The land of this case was originally intended to acquire the land of this case, but the land of this case was not acquired after the end, but the road construction was conducted on that day even though it was decided on December 30, 1972, but the urban planning facility project was actually occupied and managed the land of this case at Busan City without the implementation of the urban planning facility project, and the owner of possession and management was transferred from May 1, 198 when the Local Autonomy Act was enforced to the defendant.

E. Meanwhile, the “J” incorporated the land of this case consists of one through 8 each land (including the land of this case) as shown in the attached cadastral map and image, and each of the above land on May 30, 1961.