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(영문) 울산지방법원 2014.07.09 2014가합16391

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 2, 2012, the Plaintiff purchased 50 square meters of a road B in Ulsan-gu, Ulsan-gu (hereinafter “instant land”) as a public sale and completed the registration of ownership transfer for the instant land on October 22, 201 of the same year.

B. On October 4, 1976, the Gyeongnam-do governor announced the Ulsan Urban Planning Road (Insane) and the cadastral approval that the land of this case is part of the urban planning road, which is a third-class 39 urban planning road, pursuant to the notification C of the Gyeongnam-do.

C. On January 31, 1978, in order to newly construct company housing, a person who filed an application for land division permission with respect to the land owned by the company. The Ulsan-si divided the land into 133 square meters, 50 square meters, and 1248 square meters among the land to be divided, and the land division was permitted on the condition that the land category shall be changed to a road and the 50 square meters among them shall be donated.

Accordingly, a person who filed an application for land division and land category change with respect to the above land. As a result, the land of this case was divided from the above land, and the land category of this case was changed to the road on February 3, 1978, but the land category of this case was changed to the road on February 3, 1978, but the registration of transfer of ownership in Ulsan City was not completed.

On October 14, 2002, the head of the Nam-gu, Ulsan Metropolitan City announced the Ulsan Metropolitan City Planning Facility Determination Report to the effect that the existing urban planning road including the land in this case is abolished, and that the land in this case is part of the urban planning road, which is a Class 117 line (hereinafter referred to as “small 1-17 line”) as a small ro 117 lines.

E. The Limited Housing Co., Ltd. (hereinafter “Limited Housing”) acquired the instant land by sale around May 29, 2003 and completed the registration of ownership transfer on the same day.

F. Since then, a limited house filed an application for the approval of the housing construction project plan for the F apartment construction project, and the Ulsan Metropolitan City Mayor around March 2003 set up a small 1-117 line for a limited house.