부당이득금반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Seoul Metropolitan Government, while implementing a land readjustment project in Seoul in around 1975, incorporated the Gangnam-gu Seoul E land in the district owned D (hereinafter “instant land before the instant division”) into the said project district.
B. D around May 19, 1975, around 19, divided the land before the instant subdivision into 15 lots, including the Gangnam-gu Seoul Metropolitan Government F, G, H, I, J, K, K, L, M, N, P, P, Q, R, S, and T (hereinafter referred to as the “road number”), and applied for a change of the land substitution to the purport that the land before the instant subdivision is to be substituted by “road”. On May 19, 1975, Seoul Metropolitan Government issued a disposition of change of the land substitution to the land before the instant subdivision as shown in the annexed sheet.
C. On April 10, 1982, the Seoul Metropolitan Government completed a land readjustment project in Seoul, and confirmed the land substitution with the Gangnam-gu Seoul Metropolitan Government roads B 269.1 square meters (hereinafter “instant land”). The instant land is used as a passage for the neighboring land and residents from that time.
D around May 30, 2007, around September 20, 199 with respect to the instant land, D completed the registration of ownership transfer to U on the ground of sale as of September 20, 199, and U completed the registration of ownership transfer with respect to the portion of 185/269.1 of the instant land on the ground of each donation on May 30, 2007 and January 21, 2008.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 1 through 4 (including each number in case of additional evidence) and the purport of whole pleadings
2. The assertion and judgment
A. The Defendant, from April 10, 1982, occupies the land of this case as the de facto controlling body. The Defendant is obligated to return to the Plaintiff the amount calculated by applying the rate of KRW 57,414,440 as unjust enrichment equivalent to the rent, delay damages therefor, and KRW 1,105,683 as of March 29, 2019 to the end of the use of the land of this case.
B. D, the former owner of the instant land, alleged by the Defendant, voluntarily becomes a road.