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(영문) 부산지방법원 2018.01.23 2016가단351838

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is the owner of the real estate indicated in the attached Table 1 list (hereinafter “instant real estate”), and the Defendant is a local government that manages the instant real estate ground road.

Busan Metropolitan City (which is not divided into Busan Metropolitan City, hereinafter referred to as the " Busan Metropolitan City") on December 30, 1972, the Ministry of Construction and Transportation made a decision to change the urban planning land register as part of a road with a width of 12 meters, length of 9,000 meters under the Urban Planning Act.

On March 27, 1979, the ownership transfer registration was completed on March 27, 1979 with respect to B forest land B 8,995 square meters in Busan-gu, Busan-gu, and 9 other than C, but around May 1979, 3 and 9 others divided it into 55 lots, such as Busan-gu D or E, in order to form and sell it as a housing site complex.

At the time of the above division, nine other parties divided the part of the above B forest as a road site in urban planning and the passage between each housing site and the part from each housing site to each road site into one parcel of F forest land 2,719 square meters and provided as a passage for the owners of the above housing site.

In the housing site complex created as above, there was no adequate contribution to move out through the narrow passage among the housing sites other than the above F forest. The housing site created thereafter was sold in lots and buildings were newly built on the remaining housing site other than the above F forest, and the above F forest was used as the passage of the general public.

On April 6, 1983, the registration of ownership transfer in the name of C was completed with respect to the whole shares of other co-owners on April 6, 1983 with respect to FJ 2,719 square meters in Busan Jin-gu.

In Busan-gu Busan-gu Busan-gu Busan-do, the part of the urban planning of the land reserved for a road was used as part of the passage road, Busan-do-gu Busan-gu, Busan-do-ro, a roadway on April 1990 and a ditch was constructed. From around April 1993, the part of the road is in accordance with the Busan-do Ordinance on Delegation and Entrustment of Administrative Affairs.

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