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(영문) 서울동부지방법원 2017.09.13 2016가단134540
상수도관 및 도로포장 철거의 소
Text

1. The defendant Seoul Metropolitan Government shall state each of the attached Table laid underground on the ground of 151m2 of the Songpa-gu Seoul Metropolitan Government road B.

Reasons

1. Basic facts

A. On April 20, 1974, Gangdong-gu Seoul Metropolitan Government Da road 1,927 square meters (hereinafter “C road,” and all other lands are located in Ddong, so the Gu’s administrative district is omitted) was incorporated into “F” (around 10 meters in width, 10 meters in width, and 750 meters in length) upon receipt of the “decision and cadastral approval on urban planning facilities” as a public notice of Seoul Metropolitan Government as of April 20, 1974.

B. On October 13, 1978, the Plaintiff purchased JJ large 2,853 square meters and K large 1,445 square meters adjacent to the right side of C road, and completed the registration of ownership transfer on November 15, 1978. The two land purchased was a market building.

C. On February 13, 1980, the Mayor of Seoul Special Metropolitan City issued a “public announcement of the determination of an urban planning facility (market)” with the content that newly establishes the area of 4,084 square meters in K as a “M market” as a “M market,” and issued a public announcement of the cadastral approval with the content that newly establishes the area of 4,084 square meters in K and J as a M market on February 23, 1980.

On June 28, 1980, the Plaintiff divided J 2,853 square meters into J 2,702 square meters and B 151 square meters (the part directly connected to the above C road) and changed the land category of B 151 square meters into a road.

(B) On the other hand, the above land including the instant road was changed from Gangdong-gu Seoul Metropolitan Government to the jurisdiction of Songpa-gu Seoul Metropolitan Government on January 1, 198.

E. In addition, the Plaintiff, as seen above, combined the JJ 2,702 square meters with the same day as K 1,445 square meters determined as the “M market” (the area of K site became 4,147 square meters) and thereafter, the Plaintiff extended the existing market building on both land and sold the K 4,147 square meters and the market buildings combined with O, P, etc. from November 26, 1980 to September 6, 1980, and completed the registration of ownership transfer.

F. Since then, Q 38, including Q 4,147 square meters, were purchased and owned in succession, from around 195 to Hyundai Construction Co., Ltd.

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