beta
(영문) 서울중앙지방법원 2015.05.12 2014가단5175075

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) KRW 16,904,825 and KRW 10,724,250 among them shall be from December 18, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 15, 1978, the Seocho-gu Seoul Metropolitan Government B large 123 square meters was divided into the Gangnam-gu Seoul Metropolitan Government C large 496 square meters, and on January 1, 1998, the address of Seocho-gu Seoul Metropolitan Government B large 496 square meters was changed to the administrative district. On August 31, 1998, the land category was changed to the land category of Seocho-gu Seoul Metropolitan 23 square meters (hereinafter “instant road”).

B. On May 22, 198, Seoul approved the urban planning project for Gangnam-gu Seoul Metropolitan Government C (hereinafter “E”) (hereinafter “instant urban planning project”) as announced D of Seoul, Seoul, and notified the Seoul, Gangnam-gu Seoul, Seoul, publicly notified F of May 15, 1978, publicly announced the new establishment of the urban planning facility (road). On July 7, 1978, Seoul, after immediately commencing the instant urban planning project as announced G publicly notified by Seoul, and completing it until September 30, 1978.

C. The road of this case is above A.

It was divided into C site and newly constructed as a road according to the urban planning project of this case.

(A) According to the airline margin of No. 1, the road of this case was constructed on or around December 19, 1978 at least as a road.

On the other hand, on May 8, 1979, the Ministry of Construction and Transportation located within the development-restricted area E is located within the Seoul Special Metropolitan City, and thus it is impossible to implement the instant urban planning project, and the Seoul Special Metropolitan City requested corrective measures.

E. On February 27, 2014, the Plaintiff acquired the ownership of the instant road through a voluntary auction.

F. Since the construction of the instant road as a road around 1978, it has been used as a road until now.

[Ground of recognition] Evidence No. 1, Evidence No. 2, Evidence No. 3-1, Evidence No. 2, Evidence No. 1, Evidence No. 6, and the purport of the whole pleadings

2. Determination

(a) If a local government occupies the private land on which the liability for return of unjust enrichment occurred and provides it to the general public for transportation, and the exclusive use and benefit of the landowner is restricted, such restriction shall apply.