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(영문) 서울중앙지방법원 2015.10.06 2013가단250585
부당이득금 반환
Text

1. The defendant's 17,878,745 won, 2,979, 790 won, and each of them to the plaintiff (appointed party).

Reasons

1. Basic facts

A. On October 20, 1961, the network E, the father of the Plaintiff (Appointed Party) completed the registration of ownership transfer on October 20, 1961, Seoul Seocho-gu 151.

B. As the land category was changed to a site on April 29, 1970, the land was divided into G large 377 square meters (hereinafter “land before division”) and H large 122 square meters.

C. On July 15, 1978, the Seocho-gu Seoul Metropolitan Government I Japan, including the land before subdivision, has implemented the village structure improvement project by the decision of the urban planning project (the housing site creation project of the group) around 1978. Accordingly, the land before subdivision was divided into 10 square meters in G (attached Form 1 land in the list of real estate; hereinafter “instant one”) on July 15, 1978, JJ large 148 square meters in J large 118 square meters (hereinafter “K large 118 square meters in October, 2005, large 71 square meters in lots, large 7 square meters in lots, and 344 square meters in lots), N large 79 square meters (attached Form 2 land in the list of real estate; hereinafter “instant 2 land”), O large 134 square meters in lots, and P large 6 square meters in lots.

On June 8, 1979, the decision of the urban planning project related to the above village structure improvement project was revoked in accordance with the direction of corrective measures under the Urban Planning Act, which is illegal under the Urban Planning Act.

The deceased E died on April 12, 2004, and the Plaintiff (Appointed Party) completed each registration of ownership transfer based on inheritance on May 23, 1972, 1972, with respect to the shares of 6/9 out of the land of this case 1, 204, with respect to shares of 1/9 on the same day.

E. On August 31, 1998, the land category of each of the instant land was changed to a road. The Defendant, from around 1978 when the village structure improvement project was in progress, occupied and used as a road the part of eight square meters in the ship connected with each of the points of the attached Table 2, 3, 4, 5, 6, 7, and 2 among the instant one’s land (hereinafter “the part of the instant one’s land”) and the instant two land (hereinafter “each of the instant land”).

[Grounds for recognition] The non-contentious facts, Gap 1 to 3, 6, 8, 14, Eul 4, 11 to 14, 21, 23, and 24 (including virtual numbers), the result of the appraiser Q’s measurement and appraisal;

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