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(영문) 서울고등법원 2017.03.09 2016나2050922
부당이득반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

3. Parties to a judgment of the first instance.

Reasons

1. Basic facts

A. Division of the instant land and land category change 1) Seongbuk-gu Seoul E-gu 1,183 square meters (hereinafter “Before subdivision”).

The land is divided from F on June 10, 1960, and the area was reduced to 1,103 as H land and I land was divided on December 4, 1961, and the area was reduced to 1,053 as J land was divided on July 29, 1963, and the area was reduced to 1,021 as K land was divided on December 6, 1967, and the area was reduced to 1,021 as H land was divided. Since L/M land was divided on December 18, 1970, the area was 9 square meters which is the current area was 3,269 square meters which is the current area, if it was converted to 989 square meters on a flat basis. The land was reduced to 2.2) Meanwhile, the land was changed from October 1, 196 to the road site.

B. The ownership relationship and current status 1) The first owner of the instant land before subdivision was G. However, on December 14, 1961, Dong-gu Private Teaching Institute, an incorporated foundation, acquired ownership of the land before subdivision from G on December 14, 1961, and the organizational change was made to the incorporated foundation on March 24, 1964 (hereinafter “Dong-gu Private Teaching Institute”).

(2) On March 20, 2005, the Plaintiffs purchased the instant land from the Dong-gu Private Teaching Institutes on June 20, 2005, and on August 29, 2005, Plaintiff A completed the registration of ownership transfer as to shares 2,276, Plaintiff B, C, and D from the instant land on August 29, 2005, respectively.

3) The instant land is currently being used as a road package on the ground and is currently being used as a passage for neighboring residents, and has sewerage facilities and telephone communications facilities installed under the ground. Meanwhile, Seongbuk-gu Urban Management Corporation established by the Defendant on January 24, 200 for the purpose of the management and operation of public parking lots and resident preferential parking systems, and towing and storage of illegal parking vehicles (hereinafter referred to as “the corporation”).

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