부당이득금
1. The Defendant:
(a) KRW 13,118,700 and interest rate of KRW 15% per annum from February 15, 2017 to the date of complete payment.
1. Basic facts
A. On May 3, 1965, the registration of transfer of ownership in D was completed with respect to Seongbuk-gu Seoul Metropolitan Government 125 square meters (413 square meters, hereinafter “the land before the instant subdivision”). On July 30, 1974, the registration of transfer of ownership in E was completed with respect to shares in 1/2 of the land before the instant subdivision.
B. Around March 25, 1971, the Mayor of Seoul Special Metropolitan City determined an urban planning with the content of designating part of the land before the instant subdivision as a road.
On April 2, 1971, the head of Seongbuk-gu Seoul Metropolitan Government sent to the head of Seongbuk-gu Seoul Metropolitan Government on March 25, 1971 a letter stating that he/she partially changed the urban planning decision on other parts not related to the land before the division in this case.
C. The Mayor of Seoul Special Metropolitan City on September 11, 1979, on the ground that the land before the partition was an existing package under the road use plan of Seoul Special Metropolitan City, the request to be made by the landowner under Articles 17 and 23 (Subrogation of Application) of the former Cadastral Act (amended by Act No. 2801, Apr. 1, 1976) may be subrogated by the person falling under any of the following subparagraphs:
1. Where land becomes a land category of a school site, railroad site, water supply site, river, ditch, marsh, bank, etc., the relevant project implementer;
2. The heads of the State or local governments which manage the land acquired by purchase, etc. from the State or local governments;
3. The Plaintiff filed an application for land division according to the obligee under Article 404 of the Civil Act. On September 12, 1979, the land prior to the instant subdivision was divided into C & C, 268 square meters, F & F, 80 square meters, G large scale 22 square meters, B large scale 43 square meters (hereinafter “instant land”).
On December 23, 1989, the registration of ownership transfer was completed in the name of the plaintiff with respect to 1/2 shares (E shares) among the four parcels of land divided from the land before the instant partition, including the instant land.
E. As of the date of the closing of argument in the instant case, the instant land is among the roads packed in the asphalt of approximately eight meters in street width and return first line (hereinafter “instant roads”).