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(영문) 서울동부지방법원 2017.10.24 2016가단109223

부당이득금

Text

1. The Defendant’s KRW 55,354,60, and its related KRW 6% per annum from September 30, 2010 to April 5, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On October 11, 2004, the Hanam Mayor publicly announced the implementation plan of urban planning facilities (road 3-509 lines) as a public notification of the Hanam City on October 11, 2004, and publicly announced the modification of the implementation plan on December 26, 2008 (Public notification No. 2008-51), and August 25, 2010 (Public notification No. 2010-55 of the Hanam City) (hereinafter referred to as the “instant project”).

2) The project implementer is the Plaintiff and each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) is incorporated into the instant project site.

B. The Plaintiff, as the implementer of the instant project, was holding consultations with the Defendant on the reversion of each of the instant land.

At the time of the above consultation, the Defendant asserted that the situation of the use of each of the instant lands was not a road, but a forest, etc., and that each of the instant lands was not a public property. On September 28, 2010, the Plaintiff purchased each of the instant lands from the Defendant for KRW 55,354,600, and paid the purchase price on September 29, 2010.

C. Upon completion of the instant project, the Plaintiff newly installed public facilities, such as roads, on each of the instant land, and completed the instant project.

1) Each of the instant lands in Songpa-gu Seoul Metropolitan Government 244-1 Do 3,448 square meters (hereinafter “land subject to this case”) shall be the land subject to this case’s investigation and division.

2) The land subject to the instant case was examined as a road at the time of the land survey project, which was set up in the Japanese colonial Rule, but the lot number was not set, and the land survey was not conducted, and was not registered in the land survey register or the land cadastre.

3. The land subject to this case thereafter is newly registered on January 31, 1976 by its land category as "road" and "Seoul Special Metropolitan City," and the registration of ownership preservation in the name of Seoul Special Metropolitan City on March 15, 1979 after registration of ownership preservation has been made in the name of Seoul Special Metropolitan City on July 29, 198.