부당이득금반환 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Cadastral recovery on the instant land, etc. and preservation of ownership in the names of the plaintiffs) 1) Seoul Songpa-gu Seoul Songpa-gu nine parts of the 9th forest land in Songpa-gu Seoul (hereinafter referred to as “G Dong”) are specified only by the lot number
(2) On December 26, 1964, Plaintiff A’s husband and the father of Plaintiff B, C, and D (hereinafter “the deceased”).
(2) On November 13, 1966, the registration of preservation of ownership was completed in the deceased’s future on the following grounds: (a) on April 24, 1967, the 9th line of F forest was divided into F forest 8,033 square meters, and 1 forest 892 square meters; (b) on August 1, 1967, the F forest 8,03 square meters was further divided into 92 square meters in F forest 92 square meters, J forest 892 square meters in J forest 892 square meters in K forest 6,149 square meters in K forest 6,149 square meters in size at the time of the first cadastral restoration on F forest 9 parts; (c) on the ground that the portion (844 square meters in size) of F forest 84 square meters in the name of the deceased’s cadastral restoration around December 10, 193; and (d) on the 1984 square meters in M forest 1984 square meters in M forest and forest 1984 square meters in Korea.
In addition, on August 22, 1994, the Plaintiffs completed registration of preservation of ownership on each inheritance share [the Plaintiff A (C) and D (C) shares 3/10 shares, the Plaintiff B (W) and C (C) shares 2/10 shares, respectively] among N Forest land 698 square meters (in the case of this case, 1/2 of the indication of the attached drawings, 2/10; hereinafter “instant land”).
B. 1) On the other hand, the defendant around 1982, with respect to the land size of 7,455,066m2, such as the Songpa-gu Seoul Odong and Gdong, etc., the former Land Readjustment Project Act (amended by Act No. 6252, Jan. 28, 2000; hereinafter the same shall apply)
(2) In order to implement an O land readjustment project, the portion (area 698 square meters) corresponding to the instant land was also incorporated into the project district. At the time of incorporation, there was no lot number as to the portion corresponding to the instant land, and there was a blank space with the land number indication on the forestry map and the land substitution drawing (see, e.g., evidence A 9-3, etc.). 2) The Defendant issued a land substitution disposition regarding the O land readjustment project on December 22, 198.