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(영문) 서울중앙지방법원 2016.07.15 2013가단5172055

부당이득금

Text

1. The defendant's KRW 74,612,902 and KRW 564,164 among the plaintiff's KRW 74,612,90 and KRW 8,788,948 shall apply to the plaintiff.

Reasons

1. Occurrence of liability for return of unjust gains;

A. Basic facts 1) The Plaintiff is only Adong, Gwanak-gu, Seoul (hereinafter “Adong”) around July 30, 1971.

2) On the ground B, the term “Cridge” building (hereinafter referred to as “instant substation”)

A) A new construction was made, and each land (hereinafter referred to as “each land of this case”) indicated in the separate sheet, adjacent to the land for the transformation station of this case before and after that time.

(1) Each land listed in [Attachment 1] No. 1 and 2 (hereinafter referred to as “each land”) and “No. 2” are acquired as follows:

: Acquisition of ownership by reason of sale on May 28, 1970, and change of land category from “former” to “Road” on October 7, 1981 (ex officio adjustment by the defendant on the ground of inconsistency between the current status and cadastral record) ② Land listed in attached Table 3 (hereinafter “third land”).

(3) Each land listed in [Attachment 4] No. 4 and 5 (hereinafter referred to as “each land”) and “No. 5” as indicated in [Attachment 4 and 5] acquisition of ownership by trade on May 28, 1970

() Acquisition of ownership by exchange on September 20, 1974, and change of land category from “B” to “road” on July 22, 1974 (in accordance with the application for change of Nonparty D, who was the owner at that time), each of the instant land is part of the site of the road bypassing the instant substation (hereinafter “instant road”).

(C) On December 29, 1973, the Seoul Special Metropolitan City Mayor issued a notice of the determination of urban planning facilities (ro station) and cadastral approval on the road of this case on December 29, 1973, on December 29, 1973, the road of this case was constructed around 1971.3. The road of this case was constructed around 197.3. The road of this case was constructed at around 197, and the road of this case was installed at around 197, and it was used by neighboring residents and the general public for traffic.

[Ground for Recognition: Facts without dispute, Gap 1-5 evidence, Eul 1 evidence, Eul 3-5 evidence, Eul 7, 9, 11 evidence (including each number; hereinafter the same shall apply)

each description and image of the Commission.