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(영문) 서울중앙지방법원 2015.07.07 2014가단5196713

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) 4,702,00 won and the rate of 20% per annum from December 31, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 2, 1962, the Plaintiff, C, and D were registered on January 18, 1964 on the ground of the inheritance of property on September 2, 1962, the Plaintiff purchased 1/9 of the said D’s share on February 9, 1963, and received inheritance of 12/63 of the C’s share on July 28, 1990.

(1) If the Plaintiff’s share 61/63 among the land in this case is converted into the area, it shall be 124 square meters)

B. On August 19, 2014, the Plaintiff filed a request for the disclosure of information on the determination and public announcement of the urban planning facilities (road) before 1970 regarding the instant land. Accordingly, the Defendant sent to the Plaintiff on October 2, 1958, No. 447 and No. 177 of the Ministry of Construction as of December 8, 1962. On October 2, 1958, the internal non-public announcement of October 2, 1958 is the content that “the section determined from the branch office adjacent to the Yeongdeungpo-gu office located adjacent to the Yeongdeungpo-gu Seoul Metropolitan City Urban Planning Plan to the front of the Kimpo Airport among the urban planning project,” and the public announcement of the Ministry of Construction as of December 8, 1962 is the public announcement on the Yangcheon-dong group as “the alteration public announcement of the Seoul Metropolitan Government Urban Planning Plan.”

C. On November 30, 1961, the survey was conducted for the construction of roads. The land of this case was divided into the roads in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and entered in the result of the survey that it was incorporated into the roads. On December 18, 1961, the defendant requested the land division in Yeongdeungpo-gu, Seoul, for the purchase of land incorporated into the roads expansion works. Accordingly, the land of this case was divided into the land of this case in Yeongdeungpo-gu, Seoul, and the land category was changed from December 20, 1961 to the road.

On the other hand, the defendant issued a road package on the land of this case, and occupied and used it as a road until the date of closing argument of this case, but there was no expropriation or purchase of the land of this case until the date of closing argument

Grounds for Recognition: Facts without dispute, Gap evidence 1 to 3, Gap evidence 2 to 7, and