부당이득반환
1. The defendant
(a) KRW 48,440,00 and for this, KRW 5% per annum from January 24, 2015 to April 27, 2016.
On April 20, 1974, the Seoul Gangdong-gu Seoul Metropolitan Government 1,927 square meters (hereinafter referred to as “C road”) included “E” (13, 10 meters in width, 750 meters in width, 10 meters in width, and 750 meters in width) for which the Seoul Metropolitan Government Public Notice D on April 20, 1974, “Urban Planning Facility Decision and Cadastral Approval” was obtained.
On October 13, 1978, the Plaintiff purchased GH large 2,853 square meters and I large 1,445 square meters adjacent to the right side of the above C-road, and completed the registration of ownership transfer on November 15, 1978. The Plaintiff was constructed a market building on both land purchased.
On February 13, 1980, the Seoul Special Metropolitan City Mayor issued a public notice of the determination of an urban planning facility (market) with the content that newly establishes the area of 4,084 square meters in G market in Gangdong-gu Seoul Special Metropolitan City as the "K market" as the public notice of Seoul Special Metropolitan City on February 23, 1980, and issued a public notice of the cadastral approval that newly establishes the area of 4,084 square meters in G market in Gangdong-gu Seoul Special Metropolitan City as the public notice of Seoul Special Metropolitan City on February 23, 1980. On February 23, 1980, “the determination of an urban planning facility installed at the time of the determination of the urban planning facility plan as the urban planning facility plan” was indicated as “E” and “K market” as the adjacent drawings.
On June 28, 1980, the Plaintiff excluded the part indicated as the “K market” in the determination drawing of the above urban planning facility from HJ 2,853 square meters in Gangdong-gu Seoul Metropolitan Government, and divided the said part that is directly connected to the said C road into B B large 151 square meters in size on the same day, and changed the land category of B large 151 square meters in Gangdong-gu Seoul Metropolitan Government to a road (hereinafter “instant road”), and accordingly, on the same day, the document of the title “Notice of land category change following the designation of a building line” prepared by the head of the finance division of Gangdong-gu Seoul Metropolitan Government who belongs to the head of the construction management division of the same Gu (Article 29-3).