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(영문) 서울동부지방법원 2019.11.01 2018가단135202
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 5, 1978, the Plaintiff completed the registration of ownership transfer on the ground of sale as of July 3, 1978 with respect to B road 94.9 square meters (hereinafter “instant road”).

From the time the land category of the instant road was changed to a road, the Defendant is a local government that managed the instant road as a road by providing the road to the public for pedestrian traffic.

B. On October 1, 1969, the Ministry of Construction and Transportation publicly announced the establishment and authorization for project implementation of a land rearrangement association in Seoul Metropolitan Government with respect to the size of 2,743,814 square meters adjacent land, including the road in this case.

(D) On December 2, 1970, Seoul Special Metropolitan City approved a land substitution plan and designated a land substitution plan (Seoul Special Metropolitan City E), and there was a land substitution determination disposition around February 1974.

The land readjustment project of Seoul Metropolitan Government was completed from January 26, 1979 to March 3, 1979.

C. The instant road was originally included in the F, Gangdong-gu Seoul Metropolitan Government F, 399 square meters (hereinafter “instant F land”). The instant F land was divided into several parcels in the process of the said land readjustment and rearrangement project.

In around 1978, the Plaintiff purchased “103 square meters on G land in Seoul Special Metropolitan City,” and “101 square meters on H land,” and completed the registration of ownership transfer on July 5, 1978.

On July 19, 1978, the land purchased by the Plaintiff was eventually divided into G G G 205.6 square meters in Seoul Special Metropolitan City, 205.2 square meters in H, 3 I large 200.7 square meters in each of the instant G land, hereinafter “instant G land,” hereinafter “instant H land,” hereinafter “instant land,” hereinafter “instant I land,” hereinafter collectively “the surrounding land”), and 4, the instant road, respectively.

May 23, 1979, converted into area; e.b. unit;

On November 23, 1978, the Plaintiff sold the instant land to K, and the instant land to L respectively, except for the instant road, the Plaintiff sold the instant land to K, and the ownership transfer registration was completed on May 23, 1979 for each of the aforementioned buyers.

G H I B

F. The road of this case is a road and its width.

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