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(영문) 서울중앙지방법원 2015.08.13 2014가단5294181
부당이득금
Text

1. The defendant is against the plaintiffs:

(a) 42,162,450 won and 5% per annum from May 30, 2015 to August 13, 2015.

Reasons

1. The network of recognition D purchased Seongbuk-gu Seoul E case No. 747 square meters (hereinafter “first land”) on May 14, 1960 and completed the registration of ownership transfer on May 21, 1960, and cultivated the said land.

On January 18, 1969, Seoul announced the decision on the urban planning facilities (small roads) of Seoul, which set up a street of 6 meters in part of the first land.

After that, the first land was divided into E, E, E, 613 square meters and F, 134 square meters on April 2, 1970 upon the request of the network D, and the network D, around August 15, 1970, had been newly built and resided on the ground of the above F, F, 134 square meters, and the E, E, E (hereinafter “the land before division”), 613 square meters (hereinafter “the land before division”), continuously cultivated into farmland.

Since around 1975, housing units were newly built on the land unit before the instant partition. The network D was divided into approximately 202, approximately 174, and the G was divided into approximately 237, in line with the above urban planning line on April 22, 1975.

After that, among the above divided lands on June 13, 1975, the network D converted the land category into “building site” with respect to the remaining two parcels, i.e., the above E B B B B B B B B B B B B02 and G B 237, which were scheduled to be a site for the road under the above urban planning, and sold it to others in order after dividing it into several parcels, and the purchaser of the above land constructed the housing, etc. in accordance with the above urban planning line.

On the other hand, the above C’s 174 square meters was changed by ex officio land category under the current status (road) on February 16, 1979, and the land category was changed from “former” to “road,” and the present Seoul Seongbuk-gu road C’s 575 square meters (hereinafter “instant land”).

On the ground of the instant land, a road in the shape of “vii7” and a three-distance intersection, the width of which is about six meters, is opened as follows, and is used for the passage of the general public. The exact point at which the said road was constructed is unclear, but at least ex officio.

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