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(영문) 서울중앙지방법원 2018.08.31 2018나21226

부당이득금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) On February 4, 2016, the Plaintiff is 145 square meters (hereinafter “instant land”) of the Dongjak-gu Seoul Metropolitan Government roads C from February 4, 2016.

60,000,000

2. 22. He shall complete the registration of ownership transfer in his name.

2) On November 21, 1977, the Defendant laid underground water supply and drainage pipes, communications lines, etc. on the instant land and managed them as roads. From that time, the instant land was used for the traffic of the general public. B was the owner of KRW 552 prior to the Seoul Dongjak-gu Seoul Metropolitan Government D (hereinafter “Ma land”). On November 21, 1975, the mother land was divided into Dongjak-gu Seoul, E, F, G, H, and C (hereinafter “all land”) and the E land was divided into E, I or J on March 10, 1976, and changed the category of E, F, and H land from “B” to “B”.

2) B sells each third party with E, F, H, I, K, L, M, N,O, and J land during the period from 1976 to 197, and sells all the remaining land except G, C (the instant land) and P, among the land divided from the mother land, as housing sites. Around that time, all of the land sold was newly built on the above ground. 3) G and P and the instant land were located between the newly constructed housing and used for passage from the time of division.

On February 19, 2009, the land category of G land was changed from before to a road, and the land category of P land was changed from a large scale to a road, respectively, and on February 23, 2009, the land category of the instant land was changed from before to a road.

4) The extent of the status of the lands divided from the mother land, including the instant land, is as shown in the separate sheet. [Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7, 9, 11 (including the number of branch numbers; hereinafter the same shall apply)

each entry, Eul evidence 8 or 10, and the purport of the whole oral proceedings

2. The parties' assertion

A. The plaintiff.