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(영문) 서울중앙지방법원 2018.06.22 2017가단5097817
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. E, Plaintiff A, and three persons (hereinafter “Plaintiff, etc.”) with respect to the area of 1,518 square meters prior to D in Si-si in Gyeonggi-do, shall complete the registration of transfer of ownership on January 7, 2002 on the ground of sale on December 1, 2001.

B. On January 19, 2002, the Plaintiff et al. filed an application for division to newly construct a multi-household house on the said land and divided it into 1,201 square meters and 317 square meters before C (hereinafter “instant land”).

As above, 1,201 square meters prior to the division was divided into 436 square meters prior to D on February 8, 2002, 311 square meters prior to F, and 454 square meters prior to G. On April 24, 2002, 436 square meters prior to D was divided into 333 square meters prior to D and 103 square meters prior to H, and 454 square meters prior to G was divided into 362 square meters prior to G on April 24, 202 and 92 square meters prior to G.

C. On September 9, 2002, the Plaintiff et al. newly constructed a multi-household house (sub-story, first floor and fourth floor) of ACC Masrobro Gabro Ga in the name of Silsi-si, and completed registration of initial ownership on September 9, 200, and newly constructed a multi-household house (sub-story, first floor and fourth floor) of AC Masro Gabro Gabro Gabro Ga in the name of E on September 9, 202, and completed registration of initial ownership on September 9, 200, and completed registration of initial ownership on September 27, 2002 in the name of the Plaintiff on September 9, 200, and newly constructed a multi-household house under the name of AC Masro Gabro Gabro Gabro Ga, and completed registration of initial ownership on December 27, 2002.

On the other hand, the instant land was determined as urban planning facilities (road: K) by the public announcement of Gyeonggi-do on December 3, 1988, and the current road construction project is being implemented as of July 18, 2017, after obtaining authorization for an implementation plan for urban planning facility project as of June 2, 2016 by the public notification of the Silung-si on June 2, 2016.

E. The instant land is packed and used as a road.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination on the claim for restitution of unjust enrichment

A. The plaintiffs of the parties asserted the land of this case by the defendant.

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