부당이득금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
1. (1) On August 29, 1973, the Plaintiff acquired the ownership of the land listed in paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”) and owned it up to the present day, and acquired the ownership of the land listed in paragraph (2) of the annexed Table No. 2 (hereinafter “instant land”) on the same day, but on September 15, 1982, the Plaintiff transferred the ownership of 72.728 shares among them to Nonparty B and owned the remaining 59.272 shares up to the present day.
(2) The land Nos. 1 and 2 of the instant case is packed in a asphalt, the width of which is narrow and long. In order to enter a site adjoining the land No. 1 of the instant case to be contributed from the land site (U.S. C, D, and E) adjacent to the land, land No. 1 of the instant case must undergo the instant land.
(3) On August 28, 200, the non-party owner G, the non-party owner of the Suwon-gu F land adjacent to the land of this case, filed an application for a construction permit on the land of this case for a public announcement of road designation under Article 2 (1) 11 (b) of the Building Act. On October 12, 2000, the Suwon-si Building Committee rendered a conditional resolution to the effect that the non-party owner G, who owned the land of this case, shall confirm whether the land of this case is being used as a public road based on the data such as the payment of property tax on October 12, 200.
Therefore, the Suwon Mayor confirmed whether to impose and collect property tax and whether to implement road packing works, and confirmed the fact that the land No. 1 of this case was exempted from property tax during that period, but it was impossible to know about the period, area, budget, etc. of the land No. 1 of this case.
Based on this, the Suwon City decided that the land No. 1 of this case is being used as a public road, and on November 8, 2000, the Suwon City announced the designation of a road under the Building Act (4m in width of the road) on the land No. 1 of this case.
(4) On September 26, 1984, the land No. 2 of this case was divided into the land Suwon-si H on September 26, 1984, and it was before it was divided.