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(영문) 서울중앙지방법원 2018.02.09 2017나50944

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The land of Seocho-gu Seoul Metropolitan Government Mdong (the administrative name of the administrative district was changed in sequence from Seongdong-gu to Seocho-gu, but was changed in sequence from Gangnam-gu to Seocho-gu, but is marked only by Mdong for convenience) located in the land readjustment project area in Yeongdeungpo-gu Seoul Metropolitan Government was jointly owned by

On March 27, 1975, the owners filed an application for change of the land scheduled for replotting on March 27, 1975 for the partition of co-owned property. The above land was divided into nine parcels of co-owned property partition on April 3, 1975, and among which the Plaintiff became the owners of N Forest 3 non-28 forest land and registered on April 10, 1975.

Plaintiff

8 lots except the land owned by the owner are sold to third parties during the period from December 12, 1975 to May 8, 1976 and the ownership was transferred.

B. On February 4, 1986, N land was replaced by the instant road; the remaining eight parcels were replaced by D, E, F, G, H, I, J, K, and L land; and on March 24, 1986, the instant road and P land was changed by land category from forest land to road, and the remaining land were changed by land category, respectively.

C. The road of this case is surrounded by E, F, G, H, I, J, K, and L land, and is used as a road used by neighboring residents prior to the completion of the land readjustment project.

The instant road is the only passage from H and K land to the public service, and the J land also leads to the contribution only through the instant road, unless it return to Qgu road, a private land.

[Ground of recognition] Each entry of Gap evidence 1 to 8, 15, Eul evidence 1 to 7 (including branch numbers, if any; hereinafter the same shall apply) and the video and the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant road was constructed as a road by Seoul Metropolitan Government while implementing a land readjustment project, and the Defendant occupied and managed it after the Local Autonomy Act came into force on May 1, 198.

On July 1, 2016, the instant road is a Gu road that belongs to R, and the Defendant granted a road excavation permit to construct urban gas pipelines by S.

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