부당이득금 반환 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 20, 1991, the Plaintiff owned a 270-3 river of 5,768 square meters (hereinafter “land before subdivision”). The land before subdivision was divided into a 270-3 river of 270-3 square meters (hereinafter “instant 270-3 land”) and a 270-4 river of 4,933 square meters (hereinafter “the instant 270-4 land”).
B. On January 13, 1996,Hanam-si completed the registration of ownership transfer made on December 30, 1995, with the ground for registration for the land of this case 270-3.
C. Gyeonggi-do constructed a place for coordination in the U.S., Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) around 1986, and thereafter, the management entity of the above adjustment stadium changed from around 1990 to the management entity of the above adjustment stadium, and the Defendant occupied and used the land 270-3 and 270-4 as the site for the above adjustment stadium.
[Based on the recognition] Evidence Nos. 1 through 4, Evidence No. 6, Evidence No. 8, Evidence No. 19 (including each number, hereinafter the same), and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. Since from 1990 to 190, the Defendant: (a) obtained profit equivalent to the rent and suffered loss from the Plaintiff by occupying and using the instant land owned by the Plaintiff without any legal cause; and (b) accordingly, (c) has the duty to return unjust enrichment after February 1, 2010, seeking by the Plaintiff.
B. The fact that the land before subdivision was divided into the land of this case 270-3 on July 20, 1991 and the land of this case 270-4 is divided as seen earlier, and in full view of the purport of the entire pleadings in the statement in Eul evidence Nos. 1 through Eul No. 20, Gyeonggi-do authorized an implementation plan for the construction of urban planning facilities (a stadium) to the land before subdivision into the land before subdivision of the project under the Gyeonggi-do Public Notice No. 5 on January 14, 1986. The fact that Gyeonggi-do designated the land before subdivision into the land before subdivision of the project, and the public document prepared by Gwangju-gun, Chungcheongnam-si, and Gyeonggi-do during the period from around 1988 to around 193.