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(영문) 수원지방법원 2017.03.07 2015가단131686
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. As to D road 1040 square meters (1709 square meters of forest land in the same lot number, which was previously divided into 1709 square meters of forest land in the same lot number on January 21, 2013, and the land category was changed to a road on June 19, 2013; hereinafter “instant land”), Plaintiff A completed the registration of ownership transfer as to 2482/12595 of the instant land among the instant land on April 6, 2005, and Plaintiff A owned 1684/12595 shares as of the date of selling 798/12595 shares among the instant land to F, and Plaintiff B owned 416/12595 shares as of April 6, 2005, and sold 2505/1965/296 of G2596 of the instant land to Plaintiff 2505/1965 of the instant land on April 6, 2005.

B. 1) The creation of the instant road and the designation and public notice 1) Of the instant land, H et al., the ownership of the portion of 143/12595 out of the instant land, shall be deemed as the “J” on the ground outside of I and two parcels of land, G et al.

(2) In the instant land, etc., upon building the instant land, etc., the instant land, etc. is deemed to be the instant road, etc. (hereinafter “instant road”) on June 17, 2013 after obtaining permission for development activities to open a road into or into the said housing complex under the conditions such as “the lot number division and land category shall be changed so that the road site (the instant land) in the permitted land may be used for public use, and no facilities that interfere with traffic should be installed.”

A) Around that time, the land category of the instant land was changed from forest land to a road. (2) The chemical market was designated and publicly announced as a road pursuant to Articles 2(1)11(b) and 45(1) of the Building Act on August 20, 2013.

(K) c.

The Defendant acquiring the ownership of the adjoining land of this case shall be the original land of 1539 square meters in Lansung, adjacent to the land of this case.

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