logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.02.16 2011가합34953
부당이득금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On March 23, 1985, the DC acquired ownership of 21,431m2 of the Seocho-gu Seoul Metropolitan Government Diplomatic Forest (hereinafter “instant forest”). After that, the Plaintiff and the designated parties acquire some of the instant forest land from the purchaser of DC or DC, and each ownership share listed in the attached Table “ownership shares” as of the date of closing the argument in the instant case.

B. Meanwhile, including the instant forest, the daily area of 350,200 square meters, including the instant forest, was determined and publicly announced as an urban planning facility (park) with the notification of the Ministry of Construction and Transportation on July 9, 1977, and thereafter, it was determined and publicly announced as a DF as an urban park (DG neighborhood park) with the notification of the Ministry of Construction and Transportation on October 30, 1984.

C. After that, pursuant to Article 31 and attached Table 6 of the Seoul Metropolitan Government Ordinance on May 1, 198, the head of the Si of the defendant-gu Seoul Metropolitan Government, which is the managing agency of the above park, delegated the head of Seocho-gu Seoul Metropolitan Government head of the Gu of Seocho-gu, Seoul to formulate a creation plan for the above park (

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 through 9, purport of the whole pleadings

2. Defendant Republic of Korea, the Seoul Special Metropolitan City, and the Republic of Korea, that held that the construction and management of a park, including the instant forest, was delegated to Seocho-gu Seoul Special Metropolitan City, which is an autonomous Gu, to the effect that the instant lawsuit against Defendant Republic of Korea and Seoul Special Metropolitan City is unlawful. However, in a case where the delegated authority, such as the State or a higher-level local government, entrusts part of its authority to the delegated authority under the delegated ordinances, etc. and the delegated authority, such as the head of the lower local government, etc., occupies the land that became the site of the park, etc. for the management of its affairs, the delegated authority may not only establish a legal act, but also establish a legal provision, State act, etc., which is a requisite for indirect possession, so such delegation ordinances, etc. may be deemed as an occupation intermediary. The delegated authority

arrow