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(영문) 서울남부지방법원 2020.05.07 2019가합116192
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land in Busan Central District was divided into D on February 6, 1956 and E large 26 square meters on February 6, 1956.

In addition, on October 29, 1971, B was divided into 22.8 square meters from E land, and B was converted into a road on September 29, 1973 and converted into 75.4 square meters on March 5, 197, and became Busan Jung-gu B road on March 5, 197 (hereinafter “instant land”).

B. The ownership of the instant land 1) F Co., Ltd. (hereinafter “F”).

(2) G, H, and I (hereinafter “G, etc.”) completed the registration of ownership transfer on November 30, 1957 with respect to Jung-gu, Busan on November 17, 1965, for sale and purchase of Jung-gu, Busan on November 30, 1957. 2) G, H, and I (hereinafter “G, etc.”) purchased the instant land as a compulsory auction and completed the registration of ownership transfer on April 24, 2012.

3) On March 13, 2015, the Plaintiff purchased 1/3 shares owned by G from among the instant land and completed the registration of ownership transfer on March 17, 2015. (C) F around 1949, adjacent to the instant land and operated a department store by October 1997.

2) In order to implement road expansion works between J-F, which expand roads adjacent to various parcels of land, including the instant land, the Busan City purchased and completed the registration of ownership transfer, which is currently used as delivery and roads, adjacent to the instant land, but did not take measures, such as purchase by consultation, with respect to the instant land located between the said two lands. The instant land was the land subject to the said expansion work. 3) The instant land was located front of the fixed door of M department stores, and is now in front of the fixed door of the building (N) which appears to have been remodeled.

The neighboring areas of the instant land were commercial-centered areas where many people gather from the past, and there was a bridge connected to the O Park inside the M department store.

4. The defendant has improved and repaired P in the vicinity of the land of this case from January 2, 2007.

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