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(영문) 서울중앙지방법원 2017.09.07 2016가단5182893

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 21, 1972, the Seocho-gu Seoul Metropolitan Government F Forest land 30,400 (hereinafter referred to as the “previous land”; hereinafter all the land located in the same Dong, the land is indicated only by the lot number) was designated and publicly announced as the land scheduled for replotting under the former Land Readjustment Projects Act. On April 7, 1975, H, the owner of the land, filed an application for the subdivision of the previous land into 52 lots (I or J) and divided the previous land into 52 lots, and immediately filed an application for the alteration of the land scheduled for replotting (division) with the content of designating K among the divided land as the land as the road scheduled area.

LNR X Z AC M OS V AD Q Qu AE AE AG AG P TK

B. H sold most of the lands divided from the previous land around 1975 when the said land readjustment project was in progress, excluding K, to a third party and completed the registration of ownership transfer.

C. However, on July 9, 197, AC and K were designated and publicly announced as an AI site among land scheduled for substitution as AH as of July 9, 197, and around that time the AJ Road Packing was implemented as an urban planning project in Seoul Special Metropolitan City. D.

Since June 1985, after the completion of the land readjustment project, K was replaced with the land of this case, the land category of which is a road, AK, and AL. Among them, the land of this case was designated as an AI site and the road packing was made, and is the part indicated by the following drawing wave line.

AK AL E

E. Upon the completion of a land readjustment project as above, K acquired the ownership of each of the above lands as three lots, including the instant land, but died on September 10, 199 and succeeded to it by AM, its inheritor. Since then, the Plaintiffs purchased 1/2 shares in the auction procedure for the instant land on May 20, 2013 and purchased 1/2 shares on July 10, 2013.