부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff has run a fee parking lot business using 254 square meters in Yeongdeungpo-gu Seoul Metropolitan Government E-gu, Yeongdeungpo-gu, Seoul (hereinafter “Before subdivision”), 121 square meters in return, 310 square meters in return, and 36 square meters in J field, each of which is owned by 1/4 shares with wife B, ASEAN, and C (hereinafter “Plaintiff, etc.”).
B. On November 5, 2010, the Defendant, while carrying out the construction of K Road on November 5, 2010, accepted the 310 square meters and J 36 square meters, respectively, owned by the Plaintiff, etc.
C. On July 12, 2012, the Defendant divided the land before subdivision into 32 square meters in Seoul, Yeongdeungpo-gu, Seoul (hereinafter “instant land”), E field 93 square meters in size, G field 129 square meters in order to build a road connecting the back road of the land before subdivision with K road and the back road of the land before subdivision, and publicly notified the authorization of an implementation plan for an urban planning facility project to build a road on the instant land on August 16, 2012.
In the course of consultation related to the expropriation of the instant land, the Plaintiff demanded to expropriate all of H 121 square meters, E, 93 square meters, and G 129 square meters, other than the instant land, on the ground of property damage, on the ground of the instant land. The Defendant failed to comply with the request on the ground that the expropriation of the instant land does not significantly make it difficult to use the said land for its original purpose. Ultimately, the authorization of the implementation plan
E. The current status before 2010 of the instant land and adjoining land is identical to that indicated in attached Form 1, and the current status is identical to that indicated in attached Form 2.
[Basis] Facts without dispute, Gap evidence 1 through 4, 6, 7, 8, Eul evidence 1 through 4, 6, 7, 12, 13, and 17, each of the statements and images (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion has been actually occupied by providing the land of this case owned by the plaintiff et al. for the passage of residents without any title in the past and establishing a sewerage pipe in the underground.