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(영문) 부산지방법원 2015.05.07 2014가단12634
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff A, B, and C jointly succeeded to the status of the party and the Plaintiff A, B, and C as the deceased J (the “the deceased”)’s spouse and children, the Plaintiff D, E, F, and G as the deceased’s person, and the deceased’s spouse and children. The Plaintiff A, B, and C jointly succeeded to the Plaintiff’s status and the Plaintiff’s 1,071m2 (hereinafter “instant land”) and the 10m2 of I road (hereinafter “instant land”).

B. On December 18, 1967, the Deceased acquired 2,704 square meters from the Busan Dongdong-gu, Busan on December 18, 1967, and on October 25, 1974, the deceased merged 356 square meters adjacent M, N, andO 356 square meters and combined 3,060 square meters (hereinafter “one-way land”).

2) On August 10, 1970, after the Deceased acquired the above large 2,704, the Busan City announced P on August 10, 1970, determined and announced the urban planning facilities (road) newly built as a 2nd 1st m of the extension of 264m, which was the center of the above 2,704 square meters, and the city planning facilities (road) that were newly built as a 2,704th m of the city announced P on March 6, 1973, the city planning facilities (road) that were newly built as 3th 8th m of the extension of 116m of the city. However, the city planning facilities (road) have not been implemented up to now.

3) After that, on June 5, 1975, the deceased divided the above 3,060 square meters from R to I into 26 parcels, and divided the part of the site planned for the road into the land of this case where the above urban planning facilities (road) was rendered, and the R and S located adjacent to the existing L and the part already assigned on the alleyway were divided into the land of this case and the land category was changed into the road of this case. 4) If the decision of each of the above urban planning facilities (Class 1 and Chapter 3-8) is implemented in the future, the land of this case is not used only as a passage from the divided site within the land of this case to the meritorious service, but also as the existing central, T and west U.

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