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(영문) 서울북부지방법원 2019.12.04 2019가합20638
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 11, 1964, the network C (hereinafter “the deceased”) completed the registration of ownership transfer in its name on the ground of sale and purchase as of D, E, F, and G (hereinafter “the previous land”) in Dongdaemun-gu Seoul on August 11, 1964.

B. On January 21, 1967, the Republic of Korea authorized the Dongdaemun-gu Seoul Metropolitan Government HH Land Readjustment Project (hereinafter “instant rearrangement project”) as a public announcement of the Ministry of Construction on January 21, 1967, and the head of Seoul Metropolitan Government publicly announced the land substitution plan on November 16, 1967 as the implementer of the instant rearrangement project, and publicly announced the designation of land substitution plan and expected land.

C. On May 16, 1975, the Deceased filed with the Mayor of Seoul Special Metropolitan City on May 16, 1975 an application for the subdivision and alteration of the previous land corresponding to the “pre-land substitution lot” in the attached Table 2 as indicated in the modified land substitution drawings as shown in the attached Table 1. Of the land corresponding to the “pre-land substitution lot” in the attached Table 2, the deceased filed an application for the land category of the Seoul Jung-gu G and I as road, and the remaining land except for the above two land.

On May 30, 1975, the previous land was divided into the land corresponding to the “pre-sale lot” in the annexed Table 2 list, and around May 1975, the previous land was designated as the land scheduled for substitution, such as the change of the land scheduled for substitution, and among those, Dongdaemun-gu Seoul Metropolitan Government G and I (hereinafter “pre-sale land”) was designated as the land scheduled for substitution.

E. Since the completion of the instant rearrangement project, the land corresponding to the “pre-sale lot number” in the annexed Table 2 list was replaced with the land corresponding to the “after-sale lot number” in the same list. The land prior to the instant replotting was replaced with the land of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, changed from Dongdaemun-gu to Jung-gu, and the administrative district of the said land was changed from Dongdaemun-gu; hereinafter “instant land”).

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