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(영문) 수원지방법원성남지원 2015.08.12 2014가단220261
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 14,09,000 won and a rate of 20% per annum from April 7, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. Since around March 1973, C filed an application for land division with D large 2,258 square meters and filed an application for land division on March 21, 1984, E large 1,213 square meters was divided from D’s land before subdivision.

B. C on May 18, 1984, sold the E large 1,213 square meters to 8 other than F.

On June 8, 1984, the F and eight other eight persons filed an application for subdivision of E land, and divided G or H land from E before subdivision on June 8, 1984.

C. The size of 1,045 square meters in Seonam-si after division was D on September 29, 1984, and D large 1,380 square meters in combination with I, J, and K land.

C In other words, on April 16, 1990, a person filed an application for the division of D 1,380 square meters for the division of D 1,380 square meters, which was divided into L 102 square meters and B 159 square meters.

E. On July 5, 1990, C sold the land category of 102 square meters in Hanam-si, and on April 10, 1992, C applied for the change of the land category of 159 square meters in B to a road. The land category was changed to a road on May 26, 1992.

(B) On March 24, 1995, C applied for permission to occupy and use part of the instant land when applying for a construction permit for multi-household 16 households on a multi-household 16 square meters on a 15m2 square meters in Chungcheongnam-si, Hanam-si.

G. C sold the instant land to the Plaintiff on April 11, 2007, and the Plaintiff completed the registration of ownership transfer on April 18, 2007.

H. The instant land is in line with D 2,258 square meters prior to the subdivision, which was determined as the site of Soro-O among the urban planning roads on March 24, 1978 by the Gyeonggi-do public notice, and was changed to the site of Soro Q on April 14, 1990.

The land in this case has been used as a road until now after the date of the implementation of the Aspact Packing, etc., and has been provided for the passage of the general public.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 9 (including all types of numbers), and the purport of the whole pleadings

2. The summary of the parties' arguments.

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