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(영문) 서울동부지방법원 2019.04.25 2018가단114953
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 28, 1972, the Seoul Special Metropolitan City filed an application for authorization of the implementation of the Seoul DD Land Readjustment Project (hereinafter “instant project”). The Minister of Construction and Transportation announced the implementation of the project on March 28, 1972 by E public announcement of the Ministry of Construction and Transportation on March 28, 1972. On March 14, 1973, the instant land substitution plan was formulated by public announcement of land owners and persons concerned, and the written opinion was submitted. On September 1, 1973, the Seoul Special Metropolitan City announced the land substitution plan and the designation of planned land was publicly announced.

B. Since then, as a basis for a replotting plan, a replotting plan is implemented and publicly announced, while allowing landowners and interested parties to peruse the relevant books according to a replotting plan, the divided land has been completed on December 5, 1980.

C. The original Seoul Gwangjin-gu Seoul Special Metropolitan City 111.3 square meters (hereinafter “instant land”) was part of the F in Seoul Special Metropolitan City F2,451 square meters located within the instant project zone prior to a replotting disposition. G purchased the said F land from the State on March 3, 1977, which was after the project implementation, and completed the registration of ownership transfer. On March 15, 1977, after filing an application for the partition of land reserved for replotting with the Defendant, it was divided as indicated in the annexed Table in the division land column. Of the divided land, H land (hereinafter “previous land”) and I land were designated as substituted for a road, and the previous land was used as a passage for surrounding land and residents from that time.

Since then, the previous land was successively transferred to J on June 21, 2006, on the grounds of sale and purchase on February 27, 2011, 1/2 shares were transferred to K and L, respectively. On August 25, 2015, L’s co-ownership was entirely transferred to K due to sale and purchase, and 111.3 square meters out of the previous land was divided into the instant land at the request of K and the Plaintiff’s land alteration, and the previous co-owner’s share was entirely transferred to the Plaintiff on August 28, 2015.

[Ground of recognition] There is no dispute.

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