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(영문) 서울행정법원 2018.11.23 2018구합64481

기타(부당이득금)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On April 15, 1912, the network B was assessed on each land listed in the separate sheet (hereinafter “each land of this case”).

(hereinafter referred to as the “C” of each of the instant lands was constructed on December 20, 1958, and D and E land category was changed to a road on June 20, 1972, as each of the instant lands was constructed on December 20, 195.

Each land of this case was occupied by a local highway as a national highway pursuant to the Presidential Decree No. 15101 of July 1, 1996, and thereafter C and E were used as a national highway FF line, and D land was used as a village village outside a road zone.

On the other hand, the Plaintiff, the heir of the deceased B, completed the registration of initial ownership of D land and E on December 29, 1964, and completed the registration of initial ownership of C land on January 29, 2016, and was registered as the owner on the registry of each of the instant lands until now.

On February 19, 2016, the Plaintiff submitted an application for unclaimed land compensation to the head of Ulsan-gu, requesting the head of Si/Gun to purchase C and E land incorporated into a public site (road) and pay compensation appropriately. On December 18, 2017, the Plaintiff submitted an application for unclaimed land compensation to the head of Si/Gun/Gu with respect to D land to the same purport.

[Reasons for Recognition] A without dispute, Gap's evidence Nos. 1 through 5, 7, 9 (including each number), Eul's evidence Nos. 4, and the fact-finding on the Ulsan Metropolitan City in Ulsan Metropolitan City in this court, the plaintiff's assertion as to the ground for claim of the whole argument as to the ground for claim as to the purport of the whole argument in this case was incorporated into a road by the defendant's expropriation according to public works, and the plaintiff did not receive compensation even though he lost ownership.

Therefore, the Defendant is obligated to return to the Plaintiff compensation equivalent to the appraised value of each land of this case, which is the land for unpaid compensation.

Judgment

In order to determine whether a claim for compensation for loss is permissible, public works.