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(영문) 서울중앙지방법원 2018.06.22 2017가단5199089
부당이득반환청구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. As to the cause of claim

A. In fact, on April 26, 1999, the Plaintiff completed the registration of ownership transfer of the instant land under one’s name, and Defendant Gangnam-gu established water supply pipes and sewerage pipes in the part laid underground of the instant water pipes, and Defendant Gangnam-gu established a water supply pipe in Seoul Special Metropolitan City and a sewerage pipe in the part laid underground of the instant water pipes, and Defendant Gangnam-gu in Seoul Special Metropolitan City (hereinafter referred to as “Seoul Northern-gu”)

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 5, 6, Eul evidence Nos. 1 and 1 (including virtual numbers) and the purport of the whole pleadings

B. According to the above facts, the Defendant Seoul Special Metropolitan City, barring special circumstances, has the duty to remove the water supply pipes in the area laid underground of the instant water pipes and remove the water supply pipes in the area laid underground of the instant water pipes and remove the asphalt packaging in the packaging part of the instant water pipes and pack them with concrete.

2. As to the Defendants’ assertion, the Defendants asserted that the former owner renounced his exclusive right to use and benefit from the packaging of the instant case.

1) In fact, F, who was the owner of Dobong-gu Seoul Metropolitan Government D major 40 square meters and E major 316 square meters, applied for the division of land as follows to the head of Dobong-gu on June 2, 197, and the land before the division was divided as follows. The land before the division was divided into the instant land on June 4, 197. D major 40 square meters and D major 36 square meters and 40 square meters (i) E major 316 square meters and 46 square meters, E major 316 square meters and 60 square meters L major 40 square meters and 69 square meters, and 30 square meters K major 28 square meters and 71 square meters (the instant land) adjacent to the said part of the instant water supply and drainage, the Defendants installed the said part of the land adjacent to the said land that was laid down on December 16, 197.

According to the above drawings, the land of this case and the passage from the above I land to the meritorious service area are divided into two parts, and the shape is formed as a passage.

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