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(영문) 서울중앙지방법원 2018.01.29 2016가단5022908

부당이득금반환청구의 소

Text

1. Defendant Seoul Special Metropolitan City:

(a) 14,023,750 won and its related amount shall be from March 12, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff’s fleet D was under the circumstances of approximately 262 E, Gyeonggi Kimpo-gun, and the instant land was partitioned from the said land, and on April 29, 1996, the registration of preservation of ownership in the name of Defendant Republic of Korea was completed.

B. The Plaintiff, through litigation, cancelled the registration of preservation of ownership in the name of the Defendant Republic of Korea on the instant land, and on August 26, 2014, the registration of preservation of ownership in the name of the Plaintiff on the said land was completed.

C. On March 24, 2008, the head of the Seoul Regional Construction and Management Administration determined the instant land as a road zone necessary for the comprehensive road network improvement road project implemented by himself/herself and publicly announced (Seoul Regional Construction and Management Office G).

On February 18, 2010, the foregoing Corporation was divided into the “Road Works for Comprehensive Improvement of Road Network in the Republic of Korea” (hereinafter “Improvement Works”) and “H Expansion Works” (hereinafter “Expansion Works”); and the instant land was incorporated into the road zone of the Expansion Work.

C Land was used as a local highway managed by Defendant Seoul Special Metropolitan City before being transferred to a road zone of the instant construction project.

The expanded construction was completed on December 24, 2013, and after completion, B is used as Hro, C is used as J and H (hereinafter collectively referred to as “instant roads”), and Defendant Seoul Special Metropolitan City is the road management authority of the instant roads.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 4 to 6 evidence, Eul 1 and 2 evidence (including branch numbers), the purport of the whole pleadings

2. The occurrence and scope of a claim for return of unjust gains;

A. As to the person liable to return unjust enrichment, the Plaintiff asserted by the parties, and the Defendant Seoul Special Metropolitan City, as the road management authority of the instant road, provide the instant land as the above roads used for the general public’s passage.