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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.10.19 2016나55292
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 11, 1974, Seoul Special Metropolitan City (1) issued a public notice of the decision of urban planning facilities (roway) and the cadastral approval as to the 2,93 miscellaneous land B in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City as a public notice No. 60 on May 11, 1974. (2) C and D completed the registration of ownership transfer on the above land on April 9, 1975, and commenced the road construction on May 2, 1975 with the permission for opening the road. The completion certificate was issued on June 23, 1975.

3) C and D filed an application for partition and land category change on June 25, 1975 with respect to the above land by completion of permission for opening a private road. The above land was divided into two pieces: B B 275, E 152, F 435, G 314, H 464, J 122, J 122, K 305, L 161, M 90, N374, L 161, M 90, N374. On the same day, the road (E, H, J) part of the above land was subdivided into one park; the remaining part was subdivided into five hundred and fifty-eight lots on the same day; the Seoul Special Metropolitan City road was subdivided into five hundred and forty-eight lots on the same day; the Seoul Special Metropolitan City road was 464,000 square meters on August 26, 1983; and the Seoul Special Metropolitan City road was 36,000 square meters on the same day.

B. The Defendant’s sewage pipe improvement work and the re-packaged Defendant performed the improvement work of sewage pipes buried on the instant road in 2007 and re-exported the road.

C. The Plaintiff acquired the Plaintiff’s ownership at the auction case of the Seoul Northern District Court P bided 1/10 of the instant road in the Seoul Northern District Court, and paid the auction price in full on May 20, 2015.

1) The current status of the road of this case 1) B miscellaneous land B in Seoul Special Metropolitan City, Nowon-gu was originally used as farmland, but housing was newly built on each of the above lands in around 1976 after the division. 2) The road of this case is packed in the asphalt, and is connected to another road, and is located on the ground located on both sides of the road of this case.

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