부당이득반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. Division 1 of the Dobong-gu Seoul Metropolitan Government Land B) The Seoul Dobong-gu (hereinafter referred to as the “number”) is specified only.
) Miscellaneous land 1,338 square meters (hereinafter “the land before the instant subdivision”).
On December 5, 1966, the land was divided into B miscellaneous land Nos. 1,032 and C or D on December 5, 1966.2) The B miscellaneous land Nos. 1,032 was divided into B miscellaneous land Nos. 249 and E Miscellaneous land No. 50 and F or G land on June 15, 1967.
3) On May 4, 1968, B 249 was divided into B miscellaneous land Nos. 32 and H or I’s land on May 4, 1968. 4) On the other hand, B 32 square meters on December 15, 1969, E miscellaneous land Nos. 50 was changed into the site on December 1, 1967.
B. On August 17, 1967, J sold 50 square meters E in size to K, and on February 2, 1968, K sells L (e.g.: M: hereinafter referred to as “L”).
2) L, around December 26, 1968, sold to the Plaintiff. Around December 26, 1968, L, on the ground of the above land, was approved for use by constructing a brick sloping roof housing (hereinafter “instant building”).
3) Since then, the above land became a building size of 165 square meters in Dobong-gu Seoul Metropolitan Government by converting the area into the area unit. L sold the above land and the building of this case to the Plaintiff on November 28, 1983, respectively, and the Plaintiff completed each registration of ownership transfer on the same day. 4) Meanwhile, on March 1, 1995, the administrative district was changed to the Ndong-dong in Gangnam-gu Seoul Metropolitan Government.
(hereinafter) As above, the land is divided into the land before the instant partition, and the land category and administrative district of which are changed, is 165 square meters in Seoul, Gangseo-gu E, Seoul (hereinafter referred to as “Plaintiff’s land”).
Plaintiff
1) Of the Plaintiff’s land, the building of this case is located on the portion (B) of 123 square meters, which connects each point of the cadastral status map Nos. 4, 5, 6, 7, and 4, among the cadastral status map Nos. 4, 5, 6, 7, and 4, the cadastral status map No. 123 square meters in the attached Form No. 1, 2, 3, 4, 7, and 1, the part (A) in the ship (hereinafter
(2) The instant case is contained in the asphalt, and the water supply and drainage officer is laid underground.