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(영문) 서울중앙지방법원 2016.07.14 2015가합549286

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be recognized in full view of each entry in Gap evidence 1, 2, and Eul evidence 1 through 9 (including additional numbers), and the overall purport of video and oral arguments:

The answer 1,570 square meters in Gwanak-gu, Seoul Special Metropolitan City D (hereinafter referred to as the "land number") owned by C following the division of land was divided into 843 square meters in September 6, 1971 and 843 square meters in D, E, 5 square meters in E, F, 19, B, 88 square meters in B, and G return 615, and thereafter the land category was changed to the site.

On June 7, 1978, the above D land was divided into D, H, and I land after the owner was changed to the Bosung Transportation Corporation. On August 30, 1978, the above G land was divided into G, J, and K land after the owner was changed to the new forest 7-dong Saemaul Community Depository on August 30, 1978.

On the other hand, on June 9, 1972, C filed an application for the change of land category from the above answer No. 88 to the “road”, and on June 14, 1972, the land category was changed to the “road.” In the process, the land inspection list prepared by the public official in charge was entered as the “approption for entry into a housing site” and the above land B was 215 square meters of land B (hereinafter “instant land”) following the correction of the division and registered matters.

On May 9, 1986, the Plaintiff acquired the ownership of the instant land after completing the registration of ownership transfer on the ground of sale as of May 8, 1986.

The current status of the instant land is currently being used as the passage of the residents of the buildings constructed on the ground of the above D, H, I, G, J, and K, and neighboring residents, which are the surrounding land, and the land has been packed by the sidewalk block, and there is a Manle and a utility pole on the ground. Under the ground, the water supply managers installed for the supply of neighboring buildings at the Southern-gu Seoul Metropolitan Government Steering Office are buried.

The main point of the plaintiff's assertion on the grounds of the claim is that the plaintiff defendants did not follow legitimate procedures and did not follow this case.