부당이득금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. C has established a development plan E (hereinafter “instant project”) with the area subject to the instant development plan of 34,899 square meters in Mari-si, Busan Metropolitan City (hereinafter “instant site”). On November 18, 1994, it was decided on the development plan for the specific use area by the head of the Gyeongsan-Gun, and obtained the approval of the development plan from the Gyeongbuk-do Governor on October 5, 1995.
B. On August 28, 1996, C established F and applied for the subdivision of G orchard 4,721 square meters (hereinafter “land before subdivision”) owned by the principal on August 28, 1996. Accordingly, the land before subdivision was divided into G orchard 1,483 square meters, H orchard 154 square meters, I orchard 2,052 square meters, J orchard 55 square meters (the instant land before subdivision change), K orchard 343 square meters, L orchard 26 square meters, M orchard 108 square meters on September 3, 1996.
C. On September 11, 1997, F Co., Ltd. completed the registration of initial ownership relating to the 6th floor amusement facilities, neighborhood living facilities, accommodation facilities, etc. (hereinafter “instant building”) of 3 lots of ground reinforced concrete building, G, and 3 lots of land outside Busan-si. D.
C On September 29, 1997, the land category of the instant land was changed to a road on September 29, 1997. The land category of the instant land was changed to a road on September 29, 1997.
E. On April 18, 2013, the registration of ownership transfer was completed in N Co., Ltd. on the instant land, and on April 18, 2017, the registration of ownership transfer was completed due to a compulsory auction on April 13, 2017.
F. Since the implementation of the instant project, the instant land is located at the entrance of the instant building, and is used as a passage for neighboring residents and access to the instant building.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 through 4, 6, 7, 10, 18 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is of this case.