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(영문) 서울서부지방법원 2015.04.09 2014가합40930
부당이득금
Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Basic facts

A. In order to develop N as a housing site the Seodaemun-gu Seoul, Seodaemun-gu and 1692 lots of three lots of land, on March 21, 1973, the N divided the O site into P or Q each site. On the same day, N filed a report on the completion of private road construction on the R’s land among the divided lands (hereinafter “the instant road portion land”). On September 24, 1975, the land category was changed to “road”; the main contents are as follows.

On March 1, 1973, the date of completion shall be March 21, 1973, 1973, as of March 21, 1973, the date of completion of the construction report on private roads and the date of completion of the construction project, 1692, total site area of 1692, total area of 312,00 square meters.

The instant portion of the road is a shape in which the centering over the center of the O’s site prior to the subdivision reaches the road shape according to the boundary of S, T, U, V through W, X throughY, and the total of 28 parcels of each site prior to the subdivision (hereinafter “each of the instant sites”). Each of the instant sites is not a contribution to the instant portion of the land, without passing through the road.

C. N sold the instant road portion land to the Z on January 24, 1996, and the Plaintiff L purchased the said land at the compulsory auction procedure on July 9, 2004.

Plaintiff

L on November 11, 2005, some of the plaintiffs and AA sold their respective shares of land on the above road section, and some of the plaintiffs and AA completed the registration of ownership transfer on each part of the above land on July 19, 2006.

Then, in the judgment of partition of co-owned property on December 1, 2006 on the above land, the above land was divided into R on December 14, 2006 and RB or AC according to the purport of the above judgment.

E. From December 22, 2006 (from September 16, 201, Plaintiff G and H) to December 22, 2006, among the land of the instant road divided as above, Plaintiff A is 9m2, Plaintiff B is 9m2, Plaintiff B is 33m2, Plaintiff C is 9m2, Plaintiff C is 9m2, Plaintiff C is 99m2, Plaintiff D is 9m2, Plaintiff E is 9m2, Plaintiff E is 99m2, and Plaintiff F is AG.

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