부당이득금반환
1. The appeal by the plaintiff (appointed party) and the extension and additional claims by the trial court are dismissed, respectively.
2. Costs of appeal.
1. Basic facts
A. In around 1968, the Seoul Metropolitan Government implemented a land readjustment project in the light area (hereinafter “instant project”) after obtaining authorization from the Minister of Construction and Transportation for the project implementation of the Gdong land in Yeongdeungpo-gu Seoul Metropolitan Government.
B. Nonparty H owned 362 square meters (hereinafter “instant land before the instant land substitution”) in Yeongdeungpo-gu Seoul Metropolitan Government (the administrative district was successively changed to Gangseo-gu and Yangcheon-gu; hereinafter “Gdong”) located within the instant project zone. On July 8, 1977, Nonparty H divided the instant land before the instant land substitution into five lots of I, J, K, L, and M, and among which M applied for the change of land substitution to a road.
C. In accordance with the above application, the land before the instant land substitution was changed and divided into N 202.3 square meters, O 163.4 square meters, P 157.6 square meters, Q 167.2 square meters, and F 110.1 square meters of land (hereinafter “instant road”) around July 14, 197, and the land category was determined as substitute land around April 3, 1982.
Around that time, H sold the remainder of N,O, P, and Q land (hereinafter “the remainder of the instant land”) other than the instant road.
E. On March 23, 2015, the Plaintiff and the Appointors acquired ownership of the instant road among the instant roads, A, 13/100 shares, Plaintiff A, 26/100 shares, 25/100 shares for Appointors B, 14/100 shares for Selections C, and 22/100 shares for Selections D, respectively.
F. At present, the road of this case is located on the left side of N,O land, and P and Q land are located on the left side of P and Q land. On each above ground, multi-households are constructed. The road of this case is adjoining to S. 4405.6 square meters owned by the Defendant, which is a contribution. Among the remaining land of this case, O and P land located on the south side are allowed to pass along the road of this case only through the road of this case.
[Reasons for Recognition] Unsured Facts, Gap Nos. 1, 4, 5, 6, 9, 13.