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(영문) 서울고등법원 2016.08.18 2016나2004561
부당이득금반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. The judgment of the court of first instance is rendered.

Reasons

1. Basic facts

A. Division of AA Forest and Land Sale 1) Plaintiff’s ownership of Seocho-gu Seoul Metropolitan Government AA Forest and Land Sale 9,600 (hereinafter referred to as “land number”) is specified only.

On April 26, 1966, C Forest land was divided into 9,400 square meters and AB 200 square meters. C forest land 9,400 square meters divided into 9,224 square meters and AC forest land 176 square meters on December 3, 1971, and divided into 7,724 square meters and 1,50 square meters of D forest (1,48 square meters) on January 29, 1974. C forest land 7,724 square meters changed into 2,32 square meters (7,676 square meters) on the same day, 200 square meters and 34 square meters (7,676 square meters) and 4 square meters on the same day, and thereafter, the Plaintiff divided into 106 square meters, 46 square meters, 389 square meters, 389 square meters, 44, 63 square meters and 46 square meters on roads, 15 square meters and 46 square meters.

3) Meanwhile, F road 495 square meters (1,636 square meters) was divided into 1,340 square meters and Qua road 296 square meters on October 13, 2004; and F road 1,340 square meters (hereinafter “the previous land”).

(B) On March 29, 201, F road 1,088 square meters and B road 252 square meters (hereinafter “instant land”) are the same as “instant land”.

B. B. The Plaintiff’s application for opening a private road and opening a private road 1) Meanwhile, the Plaintiff and AD owner, AE and AF owner, were incorporated into Yeongdeungpo-gu in 1963 on September 15, 1971, and the head of Yeongdeungpo-gu Office AM was incorporated into Yeongdeungpo-gu in 1973, Seongdong-gu in 1973, and the Seocho-gu was incorporated into Gangnam-gu in 1975, and finally became divided into Gangnam-gu in 1988, and was finally affiliated with Seocho-gu.

AE’s name and three parcels (AD, AF, AH) 13,740 of the 9,633.4 of the 740 square meters, upon filing an application for permission to collect earth and rocks from the head of Yeongdeungpo-gu on May 16, 1972.

Plaintiff

Based on the above permission for collecting earth and rocks, etc., May 1972.

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