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(영문) 서울남부지방법원 2019.05.28 2018가단252056

토지인도 등

Text

1. The defendant shall pay 28,095,420 won to the plaintiffs and 15% per annum from March 20, 2019 to the day of full payment.

Reasons

1. Basic facts

A. On May 25, 1970, E (the Plaintiff’s husband) acquired the ownership of Yeongdeungpo-gu Seoul Metropolitan Government Fdong (former Gdong) H H 1,161 (hereinafter “Before subdivision”).

B. On July 25, 1970, the Mayor of Yeongdeungpo-gu notified the "decision as an urban planning lawsuit" on a street plan for which urban planning has not been determined among the urban planning zones within Yeongdeungpo-gu, and notified the head of Yeongdeungpo-gu Office of the same day that the urban planning project should not be interrupted

The route chart of “Seoul Special Metropolitan City Urban Planning Network Confirmation Report” attached to the notice was indicated as “I, J, K, and L,” and each of the said lands was adjacent to the land before subdivision.

(See Attached Form 2). (c)

E on April 26, 1971 and April 30, 1973, the land before subdivision was divided into M or N, N, N or P, and sold after changing the land category of the remaining land from around 1971 to the land category of Q and the site between 1973.

On December 24, 1976, Qu 166 among the above three parcels of land acquired the ownership due to the "land expropriation", the land category was changed to a road on November 29, 1983, and the Defendant acquired the ownership on June 28, 1989.

On the other hand, the land category of this case was changed on April 30, 1973 on the road, but E owned its ownership without acquiring ownership by Seoul Special Metropolitan City or the defendant.

(See Attached Form 2). (d)

The land in this case is currently offered for the passage of the general public, and the surface is packaged by a container, and excellent pipelines, urban gas pipes, etc. are laid underground.

E. On April 7, 2017, E died, and the Plaintiffs inherited E’s property at the ratio of 1/3.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A 1 to 8, the purport of the whole pleadings

2. The facts that the plaintiffs inherited E and owned the land of this case are the owners of the land of this case, barring special circumstances.