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(영문) 서울중앙지방법원 2018.11.22 2017나71613

부당이득금반환

Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Basic facts

A. C Road Construction 1) On June 19, 1968, the Seoul Special Metropolitan City publicly notified D of Seoul Special Metropolitan City on the determination of urban planning facilities, and publicly announced a tax item to expropriate land to be incorporated into the construction area on June 24, 1968. At the time of the public notification of the tax items, Seongbuk-gu Seoul Metropolitan Government Fdong (hereinafter “Fdong”) was not included in B forest land No. 301m2. 2) Seoul Special Metropolitan City completed E road construction on September 28, 1968.

On November 7, 1984, Seoul Special Metropolitan City changed the road name of the above road to C.

(C) In order to incorporate B forest land into C regardless of whether it was before or after the change of road name, B forest land was divided on May 21, 1985 (see the current plan by lot No. 3). The Seoul Special Metropolitan City completed the registration of transfer of ownership on the ground of a consultation on the acquisition of public land on November 26, 1986, with regard to the divided G road No. 166 square meters as of November 27, 1986, as the area of lot No. 81 G 166 H 5444).

5) The Seoul Special Metropolitan City public notice of the Seoul Special Metropolitan City public notice on the recognition of the route of I, Seoul Special Metropolitan City (as of March 31, 199) and public notice of JJ Seoul Special Metropolitan City is recognized and managed C as an attempt in accordance with the public notice of recognition of route of JJ Seoul Special Metropolitan City (amended) (as of August 6, 201). (B) K and L, Seoul Northern District Court, Seoul Northern District Court registration Office, Seoul Northern District Court No. 4181, Jul. 19, 1971, with respect to B forest No. 301 square meters of forest B, as of May 31, 1971.

K purchased L shares in the above forest land and completed the transfer registration of shares in the same registry office on July 22, 1971 as the receipt No. 42651.

2) The Plaintiff is the Seoul Northern District Court, Dongdaemun-gu Branch of Seoul Northern District, the Dongdaemun-gu Branch of Registry as of August 4, 2010, No. 34153 square meters of forest B (hereinafter “B forest”).

(C) On December 11, 1990, the registration of ownership transfer was completed on the ground of inheritance by agreement division on December 11, 1990. (c) On the part of C, a City/Do, part 1 square meters in line with each point of attached Table 1 appraisal Nos. 1, 7, 8, 6, 1 among the forest land B is a road, delivery, and cremation.

Attached Table 1 9.3