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(영문) 인천지방법원 2014.11.21 2013가단236702
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Seoul Special Metropolitan City (1) decided urban planning facilities (road), divided sale by previous owners, etc. on February 20, 1976, and publicly notified D on February 20, 1976 that urban planning facilities (road) were determined and publicly notified as to E-mail 4,238 square meters in Gangdong-gu Seoul Metropolitan Government (hereinafter “the previous land”).

(2) On April 26, 1976, F purchased the previous land of this case (the above site was divided into E, G or H upon the above F’s application on July 1978, and the E site after division was divided into E, E, I, and the above J was divided into J, K or L) on August 20, 197, and completed the registration of ownership transfer on April 20, 197.

(3) Since the division on June 15, 1978, the above F was changed from G large 229 square meters and M large 426 square meters [the above G G large 229 square meters were changed from the land category on October 20, 1980 to the “road”; on May 11, 2007, the above F was changed to the “road”; and on May 11, 2007, the GN road 229 square meters (hereinafter “the instant road”).

) The administrative district and lot number were changed. The remaining site (hereinafter “each site of this case”) out of the previous land of this case except for the road of this case and MM large 426 square meters were sold by dividing it into O and seven persons. The aboveO et al. completed the registration of ownership transfer following the division.

B. (1) Since November 30, 1978, the aboveO, etc. purchased each of the instant lands from the above F, began to live a building on the land owned by each of the buyers of each of the instant lands.

(2) At the time, the aboveO et al. had to secure a 2-meter road to obtain a building permit, and a considerable portion of each of the instant sites was not allowed to enter the public road without passing through the instant road, etc. owned by the F.

Accordingly, the aboveO, etc. entered a public road by using the road of this case from the time when their building begins to live.

(3) At present, the instant road, etc. is offered for the passage of the general public, and anyone is traveling and traveling.

C. The defendant.

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