부당이득금
1.The judgment of the first instance shall be modified as follows:
The defendant, 1,907,100 won and 20,000 won among the plaintiff.
1. The following facts do not conflict between the parties, or the following facts can be acknowledged in full view of Gap evidence 1, evidence 2-1, evidence 2-2, evidence 3, evidence 4-1, evidence 4-2, evidence 5, evidence 6-1, evidence 7, evidence 10-1, evidence 2, evidence 11, evidence 11, evidence 15 through 17, evidence 22, evidence 26-1 through 3, evidence 1 through 5, evidence 10, evidence 16, evidence 18-1 through 3, and the whole purport of pleadings.
E on January 18, 1963, the registration of ownership transfer was completed on January 14, 1963 with respect to Seongbuk-gu Seoul Metropolitan Government Daehan 1,113 (hereinafter “D land before the instant partition”).
B. On January 18, 1969, the Seoul Special Metropolitan City publicly announced a decision on urban planning facilities (hereinafter “decision on urban planning facilities of this case”) with the content that “the road of six meters in width, three hundred and thirty-eight meters in length from the Seoul K land to the D land before the instant subdivision,” and “the road of three hundred and thirty-eight meters in length from the J land to the R land before the instant subdivision,” etc.
C. On October 2, 1974, E filed an application for dividing D land before the instant partition into four parcels. Accordingly, on October 7, 1974, D land before the instant partition is the video as set forth in Gap’s evidence 15, below.
과 같이 ㉠D 답 2평(이하 ‘㉠D 토지’라 한다), ㉡C 답 78평(이하 ‘㉡C 토지’라 한다), ㉢F 답 48평(이하 ‘㉢F 토지’라 한다), ㉣G 답 985평(이하 ‘㉣G 토지’라 한다)으로 분할되었다.
[Attachment]
라. E은 1974. 10. 22. 위 ㉠D 토지 및 ㉣G 토지의 지목을 ‘답’에서 ‘대’로 변경하였고, 이후 1974. 10. 29. 위 ㉣G 토지를 별지 ‘토지분할표’ 기재와 같이 G 내지 S 토지 등 33필지로 분할하였다.
E. On September 1, 197, after the area was converted into 258 square meters, the land category on February 16, 1979 was changed from “responding” to “road,” and the land category is below 258 square meters at present Seongbuk-gu Seoul Metropolitan Government Road C.