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(영문) 서울중앙지방법원 2020.08.21 2019나39750

부당이득금

Text

1. All appeals by the Defendants are dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendants is the Plaintiff.

Reasons

1. The facts below the acknowledged facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each statement of Gap evidence Nos. 1, 7, 13, and Eul evidence Nos. 1, 2, and 4 (including branch numbers).

J was incorporated into Yeongdeungpo-gu Seoul Metropolitan Government on January 1, 1963 and Sdong and Tdong, respectively, and the above Sdong and Tdong were incorporated into each Seongdong-gu on July 1, 1973. On October 1, 1975, Gangnam-gu was separated from Seongdong-gu and it was incorporated into Gangnam-gu newly established as above, and the Seocho-gu was separated from Gangnam-gu on January 1, 198, and it was incorporated into the newly established Seocho-gu.

U reference was owned, but one of which was divided into 26 parcels, including P land.

N and P land became a 1,189.1 square meters of the Seocho-gu Seoul Metropolitan Government E-Road on August 18, 198 through the replotting procedure (hereinafter “instant road”).

B. The Plaintiff acquired the ownership of the instant road on June 2, 1973.

C. The road of this case is created 30 sites on both sides in the form of “U”. The two end of the road of this case is connected to the Seocho-gu Seoul Metropolitan Government F, which is a contribution, and a housing complex (hereinafter “instant housing complex”) is formed on the ground of the said site.

Defendant B is the owner of G land and its ground connected to the instant road, and Defendant C is the owner of H land and its ground and neighborhood living facilities connected to the instant road, and Defendant D is the owner of land and its ground connected to the instant road.

The building owners of the instant housing complex, including the Defendants, shall register the transfer of ownership against the Plaintiff based on the main sale of the instant road by Seoul Central District Court Decision 2016Da512368.