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(영문) 서울중앙지방법원 2015.04.22 2014가단48963
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Gangnam-gu Seoul Special Metropolitan City D 197 square meters was divided into 30 square meters on April 18, 1975, 118 square meters on E and 49 square meters on F.C.

B. On May 20, 1975, the Plaintiff purchased from C 49 square meters the Gangnam-gu Seoul Metropolitan Government FF 49 square meters and completed the registration of ownership transfer on the 21st of the same month.

C. After that, the above Seoul Gangnam-gu Seoul Metropolitan Government F 49 square meters was completed on November 9, 1982, and the subdivision was replaced by 84.3 square meters on the Gangnam-gu Seoul Metropolitan Government roads (hereinafter “instant land”).

On the other hand, Gangnam-gu Seoul, G 495 square meters was divided into G, H, I, J, and K on April 18, 1975. Of them, G was divided into L; H was changed to M; H was converted to N, and land category was changed to N; Seoul, Gangnam-gu O-gu, Seoul, was divided into O and Q on July 27, 1965; the O was divided into O and Q on October 10, 197; the land category was changed to the site on November 9, 1982; and Gangnam-gu, Seoul was divided into S and T on July 27, 197, and T was formed as U as follows; and that land was used as the resident of the instant land and the instant building adjacent thereto.

ABC AH AE AE M U AJ AF AJ AG AG AG R Z ZWX Y AB AI

E. On the other hand, the present land of this case is currently being used as a passage through which the residents, etc. of the above five parcels of land are entering the AA road (8m wide) of Gangnam-gu owned by the Defendant, Gangnam-gu Seoul, W, M, X owned N, M, Y owned R, Z, U owned by the Z, and the above five lots of land are surrounded by each site and the above ground building. The front inside of the land of this case is adjacent to the above site and the above ground building owned by the Defendant. The width of the land of this case is about 3m, length is about 30m, and about 30m, and the land of this case is connected to the roads of Gangnam-gu Seoul Metropolitan Government, and there is a concrete package connected to the roads of Gangnam-gu Seoul Metropolitan Government on the ground of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8 (including each number),

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