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(영문) 수원지방법원평택지원 2014.12.10 2012가합4444
부당이득금반환
Text

1. From August 29, 2012 to the Plaintiff, the Defendant’s date of the Defendant’s occupation as to the land indicated in the attached Table No. 1.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 4-2, Gap evidence 5-1 through 4, Gap evidence 6-1 through 4, Eul evidence 7-1 through 3, Eul evidence 2-1 through 3, Eul evidence 3-1 through 3, Eul evidence 3-1 through 15, and Eul evidence 15.

On March 3, 200, the Defendant, on March 3, 2000, determined the land of 4,543 square meters in Pyeongtaek-si D Forest (hereinafter “instant land before the instant partition”) and each of the land indicated in Articles 3 and 4 of the attached Table as an urban planning facility, as a traffic plaza (hereinafter “instant initial decision”), which is an urban planning facility, (hereinafter “instant initial decision”), but changed it to the landscape green belt, which is an urban planning facility on December 29, 2009 (Public Notice of Pyeongtaek-si E) by the determination of the urban management plan

(hereinafter referred to as “instant change”). B.

Before the instant partition, the land was divided into the land indicated in paragraph (2) of the attached Table No. 2 of Pyeongtaek-si on July 16, 2012 and the forest land No. 424 square meters in Pyeongtaek-si F forest land. On August 10, 2012, the land category of which was changed from forest land to a road on August 10, 2012, and the land indicated in paragraph (1) of the attached Table No. 1 was entered. Since it was incorporated into a road

C. Before the instant partition and each of the lands listed in paragraphs 3 and 4 of the separate sheet, Pyeongtaekdong Credit Union filed an application for voluntary auction of each of the lands above to Suwon District Court G of Suwon District Court. On June 17, 2011, the said support rendered a decision to voluntarily commence auction on June 17, 201, and the auction procedure commenced. The Plaintiff purchased each of the lands listed in the separate sheet at the above auction procedure and completed the registration procedure for transfer of ownership in the name of the Plaintiff on August 29, 2012.

2. Determination on the cause of the claim

가. 별지 목록 제1항 기재 토지 부분 ⑴ 당사자의 주장 요지 ㈎ 원 고 피고는 아무런 권원 없이 원고 소유의 별지 목록 제1항 기재 토지(이하 ‘이 사건 제1토지’라 한다)를 도로로서...

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