부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. C completed the registration of ownership transfer on February 5, 1990 with respect to the land which was not divided on March 2, 1993 (hereinafter “land before division”) 314 square meters prior to Dong-si, Dong-si.
B. On December 17, 1991, the Defendant conducted an appraisal to build a road on the land before subdivision.
C On June 20, 1992, on the same day, filed a claim against the Defendant for the compensation of KRW 17,038,000 with respect to the four parcels of land, including 120 square meters among the land before subdivision.
C. On March 2, 1993, the land before subdivision was divided into 180 square meters and 134 square meters prior to D, Si, Dong-si, and the land category on the same day was changed to a road.
(hereinafter referred to as “instant land”) E-road 134 square meters in Dong-si. D.
On July 21, 1993, the Defendant notified C of the receipt of KRW 1,00,000 of the additional compensation, and on July 30, 1993, C received the said money. < Amended by Presidential Decree No. 13288, Jul. 30, 1993>
E. The instant land is used as a local road within the jurisdiction of the Defendant, and is designated as a national highway F on August 25, 2001, and has been used until now.
F. However, the Defendant failed to complete the registration of ownership transfer under the name of the Defendant, and maintained C’s registration of ownership transfer. On February 22, 2007, the public auction notice was issued on October 5, 2016 on the seizure that was completed by the National Pension Management Corporation.
G. On October 23, 2016, the Plaintiff’s submitted a request to the Defendant for the disclosure of information that “A copy of the application for land division and land category change because the instant land has been divided and land classification has been changed, and if a third party files an application, a third party shall file a request for the disclosure of information on the application form and the copy of the document stating the reasons for filing the application.” Accordingly, on October 28, 2016, the Defendant made the disclosure to G of the protocol of division, land category change, and land registration number.
G In other words, on November 8, 2016, “the establishment of H road on the instant land” to the Defendant.