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(영문) 서울동부지방법원 2013.12.26 2013가합105159
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On January 21, 1967, the Seoul Seongdong-gu Seoul Metropolitan Government filed an application for authorization to implement a land readjustment project in Seongdong-gu, Seoul, B, C, and D (hereinafter “instant project”), and publicly announced the implementation of the project on January 25, 1967.

B. On December 12, 1967, F and G (H prior to the opening of the name) of the Plaintiff were purchased from I on December 12, 1967 from the Seoul Special Metropolitan City Gwangjin-gu, Seoul Special Metropolitan City J. 584, K former 511, L former 295 (hereinafter collectively referred to as “previous land”) and completed the registration of ownership transfer on the previous land on December 18, 1967.

C. Since October 13, 1969, the previous land was divided as indicated in the “Divided Land” column in the annexed sheet, and M among the partitioned land was designated as being substituted by the road through the designation of the land scheduled for substitution as of October 14, 1969.

On October 21, 1972, the partitioned land became a replotting disposition as indicated in the “after-land substitution” column in the annexed sheet, and on August 22, 1973, the replotting and division adjustment of the instant project was completed. In particular, the category of N,O, P, Q, and R land (hereinafter collectively referred to as the “instant land”) which were each substituted in M land was changed into “road”; and the remaining land category was changed to “large.”

E. Meanwhile, F and G sold all the remaining lands except the instant land to others on the basis of the parcel number determined for subdivision and replotting after the land was divided and designated as a land scheduled for replotting or after the completion of a replotting disposition.

From the completion of a replotting disposition, each building began to be newly constructed on the ground of the remaining land, and the land in the narrow and long form, such as the sound part of the annexed drawing, was used as the road from that time. After that, the defendant had already been used on the ground before 2003, the road packing work was already conducted on the ground and the sewerage management was laid underground on the ground.

F. The area of the instant land is F and G as the area of 294m2.8m2.

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