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(영문) 울산지방법원 2020.10.14 2019가단119731
부당이득금
Text

1. Defendant Ulsan Metropolitan City Dong-gu shall:

(a) from July 31, 2020 to KRW 13,129,101 for each of them;

Reasons

1. Basic facts

A. The Plaintiffs, on December 10, 2015, are owners who completed the registration of ownership transfer with 1/3 equity shares on the ground of donation on December 8, 2015 with respect to 584 square meters (hereinafter “instant land”).

B. Of the instant land, part of 65 square meters in the ship connecting each point of 6, 7, 8, 9, 10, 11, and 6 of the attached drawings 1 among the instant land (hereinafter “instant occupied part”) is currently packed as a road, and there is a sidewalk block, and thus, it becomes a delivery and a roadway.

C. As seen in the attached Form 2, the occupation portion of this case is located outside the road zone in parallel with G road, which is, the Dong-gu F road, Ulsan-gu, which is determined as a road pursuant to the urban management plan, as seen in the attached Form 2. As seen in the attached Form 2, the occupation portion of this case is located outside the road zone. As seen in the attached Form 2, the Dong-gu, Ulsan-gu, Seoul Metropolitan City (hereinafter “Defendant Dong-gu”), Dong-gu, Seoul Metropolitan City (hereinafter “Defendant Dong-gu”) completed the registration of ownership transfer on September 26, 2003 due to the procedure for the acquisition of public land on September 25, 2003, the land category was changed to the road on September 25, 2006.

The occupied portion of the instant case and the neighboring land of the instant case were sealed by the Defendant Dong-gu as part of the I development project around 2013.

E. The following are the actual monthly rent of the occupied part of the instant case.

【In the absence of dispute over the grounds for recognition, Gap 1 through 4 evidence, Eul 2 evidence, Eul 1, 2 and 3 evidence, the result of each commission of appraisal to the head of the mountain district and the appraiserJ of the Republic of Korea National Land Information Corporation and the appraiserJ of this court, the result of this court’s order to submit documents to the defendant Dong-gu and the purport of the whole pleadings.

2. According to the above facts in determining the claim against the primary defendant, the defendant Dong-gu acquired the neighboring land of this case as a public land acquisition procedure on September 25, 2003 through consultation, and used it as a road from around that time, the occupied part of this case should have acquired it as a consultation procedure for the acquisition of public land, but omitted.

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