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(영문) 수원지방법원 2016.01.14 2015가단41295

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) On October 28, 2003, F, the owner of the land of this case, 1,669 square meters prior to A, B, 678 square meters prior to B, C95 square meters of land for a factory, D 231 square meters of land, and E land for a factory, is the owner of the land of this case, who is the owner of five square meters of land above five parcels on October 28, 2003, the sale of 6 stories above ground and 2,678 square meters of land, and cultural and assembly facilities other than business facilities (hereinafter “instant commercial building”).

2) On December 4, 2003, the Osan City filed an application for a building permit at Osan City in order to construct the building. 2) The Osan City added "after the public announcement of the urban planning topographical map, the part of the facility greenbelts should complete the land category change to the park after landscaping installation in accordance with the plan submitted," and "at the time of filing an application for approval for use after planting as a landscape plan, the relevant photograph should be submitted."

3) On May 27, 2005, F divided part of the above A into 19 square meters prior to H on May 27, 2005, and divided part of the above B into 192 square meters prior to I, and planted landscaping trees, etc. on July 4, 2005, and changed the land category of the instant land from before to the park. (B) The instant land is directly connected to the instant commercial building, and the instant land is located adjacent to the sidewalk and the sidewalk and the road (based on the sidewalk) are located adjacent to the opposite side of the commercial building.

2) On the ground of the instant land, landscaping trees, events, lighting lights (which are each installed in the instant land and the commercial building direction), which appear to have been installed or planted by F, etc., and around that time, part of the instant land functions (such as events, etc., have facilities for the recreational or emotional life of ordinary citizens) as parks until now. In addition, this facility assists in the improvement of the overall aesthetic view while ensuring the stability of the instant commercial building as a whole.

C. On February 6, 2007, the Plaintiff, such as the successful bid of the instant land, was awarded a contract for the instant land through a public auction on February 6, 2007, and thereafter, was the Mayor Osan City Mayor around March 2007