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(영문) 의정부지방법원고양지원 2015.06.11 2013가단510404
부당이득금반환
Text

1. The defendant shall be the plaintiff.

A. As regards KRW 69,866,302 and its 21,000,000 among them, from November 30, 2013 to the remainder 48.

Reasons

Facts of recognition

C on April 30, 1974, the registration of ownership transfer was completed with respect to D forest land 562 square meters in Pakistan-si on April 30, 197, and the plaintiff completed the registration of ownership transfer with respect to the above land on August 2, 2001.

On October 21, 2005, the above land was subject to registration conversion into E, and on October 30, 2006, B forest land B 334 square meters (hereinafter “instant land”) was divided from the above land on October 30, 2006.

On December 11, 2006, the Plaintiff completed on December 11, 2006 the registration of ownership transfer with respect to the shares of 5/334 shares in the instant land.

around 1970, the Defendant: (a) connected each point of the separate sheet Nos. 1 through 22, and 1 among the instant land, sealed concrete packaging as part of the Saemaul project with respect to the section (a) (hereinafter “section (a) of this case”); (b) small-scale waterworks was installed on the ground of the instant land in around 1978; (c) around March 2008, the Defendant performed the “G waterworks expansion work,” replacing the said small-scale waterworks after replacing the small-scale waterworks, and packed the land of the instant item (a) as asphalt.

[Ground of recognition] without any dispute, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 1 through 4, and the form of possession by the State or local government of a road as a de facto controller and possession of a road as a road management authority. Thus, it can be acknowledged that possession as a road management authority commences from that time when a public announcement of road route recognition under the Road Act, a road zone is determined, or when a road is constructed by the implementation of an urban planning project under the Urban Planning Act, even if there was no act of road construction under the Road Act, the State or local government has performed the reconstruction or maintenance work of a road, such as expansion of the existing road, packing, or installation of sewerage system, and uses it for the general public.

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