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(영문) 서울중앙지방법원 2017.09.20 2015가단90268

부당이득금반환

Text

1. Defendant Seoul Special Metropolitan City: the Plaintiff

(a) KRW 8,297,511 and its interest shall be annually from January 1, 2016 to July 5, 2017.

Reasons

1. Facts of recognition;

A. C Road Construction 1) Defendant Seoul Special Metropolitan City decided to “E Road Construction” as a public notification D of Seoul Special Metropolitan City on June 19, 1968, 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 Special Metropolitan City Fdong (hereinafter “Fdong”) was not included in B forest land No. 301 square meters. 2) Defendant Seoul Special Metropolitan City completed E road construction on September 28, 1968.

The defendant Seoul Special Metropolitan City changed road name to C on November 7, 1984.

(C) In order to incorporate B forest land into C, regardless of whether it was before or after the change of road name, the following was divided on May 21, 1985 (see the current plan by lot No. 3). The Defendant Seoul Special Metropolitan City completed the registration of transfer of ownership on November 27, 1986 with respect to the divided G road No. 166 square meters as of November 27, 1986, as the receipt of No. 49415, Nov. 26, 1986, with respect to the divided G road No. 166 square meters.

5) The Defendant, Seoul Special Metropolitan City, recognized and managed C as an attempt in accordance with the public announcement of the Seoul Special Metropolitan City public announcement I on the recognition of the route of the Do Seoul Special Metropolitan City ( March 31, 1999) and the public announcement of the Seoul Special Metropolitan City J-gu Seoul Special Metropolitan City public announcement (amended) public announcement ( August 6, 2001). B. The Plaintiff’s ownership acquisition 1) K and L completed the registration of transfer of ownership on the B forest land 301 square meters as of July 19, 1971 by the Seoul Northern District Court registration Office of the Seoul Northern District Court as of July 19, 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, as the receipt of August 4, 2010, No. 34153 square meters of forest B (hereinafter “instant forest”).

(C) On December 11, 1990, the registration of transfer of ownership was completed on the ground of inheritance by consultation and division. (3) Of the instant forest land, the registration of transfer of ownership is completed on the ground of attached Table 1 appraisal Nos. 1, 7, 8, 6, and 1, among the instant forest land, as part of C, which is a City/Do.