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(영문) 서울고등법원 2014.06.13 2013나2022148
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered under paragraph 2 below shall be cancelled.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the statements set forth in Gap evidence Nos. 1, 2, 3, 4, 5, 6, 8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 17, and the overall purports of video and pleadings:

[1] From March 15, 1978, C filed an application for land division with respect to the ownership of the area of 6,043 square meters (hereinafter “D land prior to partition”) in Gyeyang-gu, Soyang-gu (hereinafter “Seoul-gu”). On November 29, 1978, C filed an application for land division from D’s land prior to subdivision, the area of 88 square meters and 212 square meters prior to E, 251 square meters prior to G, 251 square meters, 240 square meters prior to H, 184 square meters prior to JJ, 184 square meters prior to K, 184 square meters prior to K, 184 square meters prior to L, 146 square meters prior to M, B, 144 square meters prior to M, 144 square meters prior to N, 623 square meters prior to P, Q, 178 square meters prior to G, 184 square meters prior to G, 19514 square meters prior to M.

C After dividing the land as above, C sold the remainder of the land except the instant land to a third party during a period from September 20, 1979 to December 31, 1985. As above, at the time C sells the said land to a third party, the land category of the said land was the same as the land before partitioning, and the land classification was changed from C to a building site at a different time by the purchaser of the said land, respectively.

(L) A part of the land, including the area of 184 square meters, has yet to be classified into “electric field” / [2] On the other hand, among the land D before dividing into W-ro announced by Gyeonggi-do on September 27, 1973, the part of the instant land was incorporated into the site of 2-12 line (2-2 line connecting 2-2 lines to A-4 lines and 3-9 lines at the land located in C-AB as located in AB land) with the width of the X urban planning road and the length of the section of 538 meters, and the land was incorporated into the site of 2-12 line (a road connecting 3-4 lines and 3-9 lines at the land located in C-C) with the land located in C-W-ro.

On June 10, 200, the defendant extended part of the sections of the 2-12 line to the existing lawsuit due to Goyang-si's notification AD.

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