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(영문) 대구고등법원 2020.11.13 2020나20792
부당이득금 등
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 25, 1972, the Seoul Special Self-Governing Zone C (hereinafter “instant project site”) was determined as urban planning facilities in accordance with the public notice of the Ministry of Construction and Transportation, and has been developed into a D amusement park.

B. On June 20, 195, in order to develop the instant project site as a D amusement park, the head of Si/Gun has authorized the project implementer E (hereinafter “instant project”). On September 27, 2000, the Daegu Metropolitan City Mayor approved the instant project modification to the contents of F Co., Ltd. (hereinafter “F”), which was the project implementer. On September 27, 2000, the instant project modification was included in the instant public notice on September 27, 200, in the instant public notice on the modification to the project, the instant land was included in the convenience facilities among D amusement park detailed facilities.

C. On November 13, 200, the Daegu Metropolitan City Mayor changed the operator of the G-built Project from F to H Co., Ltd. (hereinafter “H”) among the instant projects on November 13, 200. D.

The F’s approval of the instant project was completed on December 31, 2004, and its implementation period expired on January 1, 2005. Meanwhile, F was ordered to be dissolved on December 1, 2015.

E. On July 21, 2008, Plaintiff I (hereinafter “I”) purchased from J the land of this case and completed the registration of ownership transfer in its name on July 24, 2008, the K-gun, Daegu-gun, Daegu-gun, Daegu-gun, adjacent to the land of this case (hereinafter “Adjoining land”).

F. (b) Of the instant land, part of the (b) and adjacent part of the adjoining land are constructed by asphalt, and the said road is connected to the access road to a building of I-owned hot spring facilities located on the ground, such as Daegu-gun L.

G. On August 4, 2009, the Plaintiff received a successful bid for the instant land owned by N in the Voluntary Auction Procedure for the Seo-gu District Court Branch of Seo-gu District Court (Seoul District Court) and completed the registration of ownership transfer on its own name on August 10, 2009.

H. The Plaintiff: (b) removed the instant land from the instant land; (c) removed the asphalt package on the ground; and (c) returned unjust enrichment equivalent to the delivery of the part and the rent.

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