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(영문) 서울동부지방법원 2017.08.31 2017가합103991
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. On October 16, 2009, E completed the registration of ownership transfer with respect to D large scale 439 square meters (hereinafter “instant land”) in Gangdong-gu Seoul Metropolitan Government.

The Plaintiffs purchased the instant land from E on June 16, 2015. On July 6, 2015, the Plaintiffs purchased the instant land from E, and on July 6, 2015, Plaintiff A completed the respective registration of ownership transfer as to Plaintiff A’s share 240.66/439 shares, Plaintiff B’s share 132.23/439 shares, and Plaintiff C’s share 66.11/439 shares.

B. Although the land category of this case is a site, it was designated as a road with a width of 6 meters and an extension of 39 meters on December 4, 1992 by the decision of change of the FF Urban Planning Facility (Road) announced by Seoul Special Metropolitan City.

After that, on May 18, 1995, the land of this case was extended to 6-10 meters wide, extended to 39 meters wide and 39 meters wide by the decision and amendment of the G Urban Planning Facility (Road) announced by the Defendant.

C. Meanwhile, on February 28, 2011, E had been transferred the claim for return of unjust enrichment on the instant land by H, which was the previous owner, filed a lawsuit against the Defendant claiming return of unjust enrichment (Seoul Eastern District Court Decision 201Da12492, hereinafter “related case”).

On July 4, 2011, after closing the pleadings on June 13, 2011, the above court rendered a judgment dismissing E’s claim, and the above judgment became final and conclusive on July 26, 201.

E on October 25, 2009, pursuant to Article 47 (1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), requested the Defendant to purchase the instant land, and the Defendant notified the E of the purchase decision on April 9, 2010.

After that, E filed a civil petition on the ground that the Defendant infringed on his/her property rights with the Anti-Corruption and Civil Rights Commission around May 2012.

Accordingly, on June 14, 2012, the following agreements were made between the plaintiff, the defendant's road and his/her employees, and investigators belonging to the committee (hereinafter "the agreement of this case").

As soon as possible, this case’s land.

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