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(영문) 의정부지방법원 2018.09.21 2017가단136023
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 69,360,000 and interest rate of KRW 15% per annum from December 15, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. Since the Plaintiff’s father E purchased from F in the 1960s the land of 2,860 square meters in the Guri-si, Guri-si (hereinafter “instant land before division”), the Plaintiff cultivated with his parent as farmland and completed registration of preservation of ownership around May 28, 1981.

B. On November 15, 1971, G Dong-dong, including the land prior to the instant subdivision, was determined and publicly announced as a residential area (Public Notice H of the Construction Division). The land prior to the instant subdivision was designated as a planned road area (breadth of six meters, I, J, and K) in accordance with the urban planning decision on April 7, 1972 and May 28, 1978.

(G) Gyeonggi-do Notice L, M. C.

In the 1980s, the price of the instant land was developed as a housing site. The Plaintiff: (a) was virtually unable to use or dispose of each of the instant land designated as a road site among the instant land before the instant partition; (b) on February 18, 1983, the land before the instant partition is divided as C 2,802 square meters, N 9 square meters, P 15 square meters, Q 8 square meters; and (c) on June 16, 1984, the said land is 32,00 square meters and 46 square meters (hereinafter “instant land”; (b) the said land is 191 square meters, S 147 square meters, 38 square meters, 1000 square meters, 160 square meters, 160 square meters, 15 square meters, and 24 square meters; and (c) each of the instant land is 36 square meters and 46 square meters, 194 square meters, 194 square meters, 161, 1600 square meters, 16.

(Voluntary, see Attached Drawings). (d)

At that time, each of the instant lands was used as a passage of the general public connected to the neighboring roads, and the Defendant packages each of the instant lands into a asphalt.

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