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(영문) 서울중앙지방법원 2017.01.12 2015가단5213011

부당이득금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Republic of Korea (the resale authority) was the owner of a road of 48-44 and 48-53, Dong-dong, Jongno-gu, Seoul (hereinafter all land is located in the human Dong-dong, so the land is named only once) on March 3, 1965. The 48-44 road is adjacent to the 48-2 land (9,356.8 square meters) where the land of the resale authority was located at the time of the resale in the form of a square, and the 48-53 road is adjacent to the land of 48-57 land (the name of the beneficiary police station after the relocation of the building site of the resale office around 1978) which is the site of the beneficiary police station at the present in the form of a square.

B. Roads 48-44 and 48-53 were assigned to the roads as part of the Seoul Special Metropolitan City’s Road Expansion Works, etc. in the latter part of 1970, and the land category on May 6, 1985, which was changed from the land category to the “road” in accordance with the application by the head of the Seoul Special Metropolitan City Branch Office for Land Category Change, and the present 48-44 roads are managed by the defendant as part of the Chang-gu, Seoul Special Metropolitan City, and the 48-53 roads are managed by the defendant Jongno-gu as part of the access road in front of the due domicile of the Seoul Metropolitan City Police Station.

C. On August 31, 1998, the registration of ownership transfer was completed on August 31, 1998 with the land above 48-44 and 48-53, and on June 19, 2003, the registration of ownership transfer was completed on June 19, 200, and the Plaintiff newly constructed filial duty, a main complex building with approximately 422 households on the ground above 48-2 land.

[Ground of recognition] Without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, Eul evidence 1 to 9 (including each number), and the purport of whole pleadings

2. The Plaintiff’s assertion is the cause of the instant claim. The Defendants asserted that the Defendants obtained unjust enrichment equivalent to the rent by occupying and using roads owned by the Plaintiff without any legal cause, and sought the return thereof.

The original owner of the land shall be the road site.