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(영문) 전주지방법원 2015.08.28 2015가합1566
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. In implementing H land readjustment project in around 1975, the Seoul Metropolitan Government incorporated the land of Gangnam-gu Seoul Metropolitan Government J, K, L, M, N,O, P7 (hereinafter referred to as “previous land”) owned by I into the said project district, and designated one parcel of land at 443.5 square meters for the remaining six parcels of land except J land, and one parcel of land at 139.6 square meters for J land, respectively.

B. Around November 1975, I applied for the designation and change of land scheduled for replotting to change land among the previous land into a parcel of 323.5 square meters, M, N land into one parcel of 15.3 square meters, P land into one parcel of 61.3 square meters, L, andO land into one parcel of 43 square meters; among them, L andO land into a road.

Accordingly, on November 10, 1975, the Seoul Special Metropolitan City rendered a disposition of change of land scheduled for replotting that covers J and K as one parcel of 323.5 square meters, M and N as one parcel of 15.3 square meters, P land as one parcel of 61.3 square meters, L andO land as one parcel of 43 square meters.

(See Attached Form 1). (c)

I owned R land (S land) and T (U land) in addition to the previous land, but sold and completed the registration of ownership transfer between December 1975 and June 1981.

On November 1, 1984, the Seoul Special Metropolitan City: (a) around 1984, J land was confirmed to be substituted with V 219.5 square meters, K, and N land, (b) M land was calculated to be X-202.4 square meters in combination with Y land owned by A; and (c) L/O land was determined to be substituted with G road 176.2 square meters (hereinafter “instant land”); and (d) liquidation money for the land area of this case, the size of which exceeds that of the entire land before replotting, and (e) imposition of KRW 6,063,230,00 to I.

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