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(영문) 서울고등법원 2017.02.17 2016나2014988

부당이득금

Text

1. Of the judgment of the first instance, each of the Plaintiffs’ KRW 121,90,992 against the Defendant and its related thereto from October 22, 2014 to February 2017.

Reasons

Facts of recognition

On February 5, 1966, the Minister of Construction and Transportation publicly announced as C on February 5, 1966, determined and publicly announced as urban planning facilities (parks, names, E parks) the area of the said park to 1,167,896 square meters. ② On January 16, 1967, the Minister extended the area of the said park to 1,167,896 square meters with the public notification of the Ministry of Construction and Transportation on July 9, 197, and ③ on July 9, 197, he appears to have changed to 1,065,167,896 square meters with the area of the park, which was initially determined as 1,065,498 square meters with the size of 1,065,498 square meters with the public notification of the Ministry of Construction and Transportation. Eul determined as H park to 1,471,600 square meters with the public notification of the Ministry of Construction and Transportation on September 28, 1985.

On January 28, 1993, the Mayor of Seoul Special Metropolitan City decided to change the park building plan for H Park in Kro-Gu announced by Seoul Special Metropolitan City, but later the name of urban planning facilities (park) was changed to L Park (hereinafter referred to as the “instant park”).

The defendant is delegated by Seoul Special Metropolitan City to manage the park of this case.

On October 27, 1982, the Plaintiffs acquired each of 1/2 shares of 33,676 square meters in the Gangseo-gu Seoul Metropolitan City M Cemetery located in the instant park (the intermediate and lower part of the forest 1 below), X cemetery 86 square meters (the portion of “1” in the forest 1), Y cemetery 7,944 square meters (the upper part of the forest 1 below).

(2) In the middle of the land owned by the Plaintiffs, there are land miscellaneous (the part concerning “B” in the forest1), AA Miscellaneous (the intermediate part of the forest1), P Park (the part concerning “B” in the forest1), Q Park (the part concerning “B” in the forest1), R Park 1, R Park 1, AB Forest (the part concerning “Vef6” in the forest1), AC Park (the part concerning “B” in the forest1), AC Park (the part concerning “B” in the forest1), and AD grave (the part concerning “B” in the forest1), and the part concerning “Vef6” in the forest1, the part concerning “B Forest 1, and the third party’s forest 1, the part concerning the “Vef6” in the forest1, the part concerning “AC Park 1, the part concerning the “B” in the Seoul Special Metropolitan City and the Defendant’s property), and the part concerning the Defendant’s ownership.

The land of Seoul Special Metropolitan City or the defendant.