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(영문) 의정부지방법원 2015.11.26 2012가단55693
부당이득금반환 등
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Of the area of 728 square meters (hereinafter “instant land”), Plaintiff A acquired a share of 114.75/1392 around April 7, 1997, and Plaintiff B acquired a share of 348/1392 around December 27, 1981.

B. On May 19, 194, the public notice of the determination of urban planning facilities (road) was issued as a D public notice of Gyeonggi-do on the instant land and adjacent land connected thereto.

C. On April 9, 1996, in constructing a F apartment on the land located adjacent to the instant land from the Defendant, the Chang Construction Co., Ltd. obtained a construction permit on the condition that “it shall thoroughly construct a road adjacent to the said F apartment so as not to impede traffic, such as the use of vehicles by occupants and neighboring residents, by connecting the roads adjacent to the G, H, I, J, and K,” and applied for a change of the form and quality of land on the aggregate of 1,761 square meters of land outside L and 12 lots for the construction of a passage route at that time. Of the instant land, the area of 246 square meters included in the secondary application area.

E. On the other hand, on May 2, 2003, Ma Chang-do Co., Ltd. submitted to the Defendant a letter of “I, after obtaining approval for the use of apartment units at G or H, lend the building as collateral to the Defendant, and purchase the building owner of the J apartment, with an urban planning road of 8 meters prior to the approval for the use of the remaining Ethm prior to the approval for the use of the apartment building, and accept the development activities, and, if I and J apartment building owner are not allowed to consult with the owner of the building, I will purchase and accept it independently, and will accept any criminal punishment.”

F. F apartments on G and H land were completed around 2003, and around that time, 219 square meters among the instant land was mainly used as the passage of the aforementioned F apartment residents and apartment residents on the land of G and H land.

G. Meanwhile, in order to construct an apartment on the ground such as N, Jae-do Co., Ltd., including the instant land before the approval for use of the building is granted.

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