부당이득금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. Basic facts
A. On April 28, 1978, the Daegu Seo-gu B-gu road size of 63 square meters (hereinafter “instant land”) was divided into 60 square meters (hereinafter “land before division”); on the same day, the land category was changed to “road” on the same day.
The specific process of subdivision and land category change of the land of this case are as follows.
1) On March 23, 1971, the land that was originally partitioned was divided into the land divided into the E-owned land in the Gyeong-gun, the size of which was 6 square meters at the time of subdivision. 2) G road that was implemented by the Gyeong-gun, the Gyeong-gun, in around 1977, as the part of the “F tending Project” and H market road expansion works, and the 15 square meters out of 22 square meters before I, the Gyeong-gun, the land adjacent to the land that was divided (hereinafter “road incorporation”).
On August 3, 197, 877,500 won was paid to J as of August 3, 197 through appraisal and assessment.
3) On November 30, 197, after the completion of the payment of compensation for the portion incorporated into a road, the Plaintiff purchased the land prior to subdivision (six square meters at that time), etc., purchased from J 22 square meters, including the portion incorporated into a road, and completed the registration of ownership transfer on December 1, 197, respectively. 4) immediately after the Plaintiff completed the registration of ownership transfer, the land prior to subdivision (six square meters at that time) was merged into five (5), fourteen (14), and one3 (13) square meters prior to the Seoul Special Self-Governing Province, the area was 38 square meters in total, and the area was 60 square meters in total, including the portion incorporated into a road on December 28, 1977.
5) After that, the instant land was divided from the land before subdivision on April 28, 1978, and the land category was changed to “road” at the time of incorporation into the instant land. The instant land was included in the instant land. B. The “F tending Project” was completed around December 1979, and the Defendant succeeded to the Gyeongbuk-gun and its status (hereinafter “Defendant”).
From the above point of view, the entire land of this case is complete.