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(영문) 서울중앙지방법원 2015.04.10 2014가단5100132
부당이득금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. B purchased land C, D, and E before subdivision on May 26, 1964. On October 22, 1970, the said land C and E were combined with the said land, and C land was 609 square meters (1,96 square meters) of the said land, and D land was combined with adjacent F and became 393 square meters of D land (1,296 square meters). On December 29, 1970, C and D land after the said annexation were divided into G or H land, and I or J land after the said annexation.

B. After that, the sum of the land C and each land divided from D after the said annexation was pointed out and divided into about 1,002 square meters ( around 3,306 square meters) after the said annexation, and the housing site creation was made, and the aggregate of 349 square meters of each land listed in the separate sheet, which is the remaining land, remains a naturally occurring road.

C. Seoul Metropolitan Government, around October 1971, recommended to implement a series of urban improvement projects, including improvement of housing, own roads, and installation of public facilities such as sewage network, etc. in the non-authorized building area for the residents of the Seoul Metropolitan Government, under the premise that the residents of the area voluntarily agree to the implementation of the Saemaul Movement local improvement project under the name of the community improvement project. The residents of the area voluntarily formed the committee for promotion of the Saemaul Movement local improvement project, and the residents of the area voluntarily formed the committee for promotion of the Saemaul Movement local improvement project including the land in the Seoul Central-gu, Jung-gu, Seoul, and Jung-gu, Seoul, including the land in the separate list, and the committee for promotion of the Saemaul Movement local improvement project including the land in the separate list, around October 1971. On the other hand, from around June 28, 1972 to around packaging, the committee for promotion of the project was established on the completion of the project after receiving the aforementioned construction from the head of the Seoul Metropolitan Government on August 28, 1972.

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