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(영문) 부산고등법원 2015.08.13 2014나52131
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 2, 2012, the Plaintiff: (a) on October 2, 2012, the number of land owned by the Plaintiff is 50 square meters (hereinafter “instant land”).

(2) On October 22, 2012, the Defendant, a road management authority, purchased the instant land as a public sale and completed the registration of ownership transfer on the instant land. (2) Until now, has occupied and managed the instant land as a road site.

B. On October 4, 1976, the Gyeongnam-do governor, which was incorporated into the road zone of the instant land, announced the Ulsan Urban Planning Road (Saro) planning decision and cadastral approval with the content that the Japanese land zone of the instant land is part of the urban planning road, which is a third-class 39 urban planning road (Saro).

C. The land category of the instant case is changed, details of division, ownership change, etc. 1) Dongyangpool Master Co., Ltd. (hereinafter “Dongyangpool Master”)

On January 31, 1978, an application was filed for permission to divide land into one’s own land in order to newly construct company company housing units. The Ulsan City’s land subject to division is one thousand four hundred and forty-one square meters in Ulsan-gu, Ulsan-gu (hereinafter “Before subdivision”).

The land division was permitted on the condition that each of them is divided into 133 square meters, 50 square meters, and 1248 square meters, on condition that 50 square meters should be changed to a road and donated. 2) Accordingly, the same applies for land division and land category change. As a result, the instant land was divided into the land before the division, and the land category was changed to a road on February 3, 1978, but the registration of transfer of ownership in the name of Ulsan City was not completed with respect to the instant land.

3) On October 14, 2002, the head of Ulsan Metropolitan City south-gu Office abolished the existing urban planning road containing the instant land on October 14, 200, and category 117 of the instant land as small-ro 117 (hereinafter “small-ro 1-117 line”).

4) On May 29, 2003, the Ulsan Urban Planning Facility Determination Report (Ulsan Metropolitan City Notice E) was publicly announced as part of the Ulsan Urban Planning Road (Ulsan Metropolitan City Notice).

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