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(영문) 인천지방법원부천지원 2016.11.30 2016가단104533
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. B was the owner of the building area of 3,025 square meters in Nam-gu, Nam-gu, Seocheon-gu, Seoul (hereinafter “B-gu land prior to subdivision”), which was the owner of the building area of 3,025 square meters in Nam-gu (hereinafter “B-gu

B underwent the completion inspection on the creation of a housing site with respect to a lot of land, including the above land before subdivision on August 28, 1989, and on September 21, 1989, the land category was changed as the land category was changed as follows, upon application for land subdivision on September 21, 1989:

In addition, B applied for permission to change the form and quality of housing site for the creation of housing site as above at the time, B agreed to contribute the expected area of the land before division.

On September 23, 1989, 2,438 square meters in C miscellaneous land, 28 square meters in D miscellaneous land, 227 square meters in E-road, 119 square meters in F miscellaneous land, 119 square meters in G miscellaneous land, 119 square meters in G miscellaneous land, 315 square meters in I miscellaneous land, 325 square meters in J Miscellaneous land, 785 square meters in K miscellaneous land, 157 square meters in M miscellaneous land, 169 square meters in M miscellaneous land, 318 square meters in G miscellaneous land owned on September 23, 1989;

B.O and P completed the registration of ownership transfer with respect to 2,438 square meters of C miscellaneous land. The above C miscellaneous land 2,438 square meters was divided into C and Q or R and 14 lots on August 17, 1990, and the form and quality thereof was changed to the site.

On the other hand, on December 4, 2007, S 38.8 square meters was divided from the Seocheon-gu E-Road 227 square meters.

C. On June 25, 2010, the Plaintiff completed the registration of ownership transfer based on the public sale on May 19, 2010 with respect to the land of 188.2 square meters, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, Seoul, which was divided as above (hereinafter “instant land”).

The instant land is a shape that connects two square shapes in two shapes. The rectangular shape on the left side is connected with T roads and U roads, and the right side side of the right angle shape is connected with J roads, the lower end is in contact with C site, and the upper end is linked to D miscellaneous land.

The part of the land of this case is packaged as a road and is used for general traffic of vehicles and pedestrians until the closing date of the pleadings of this case.

[Grounds for recognition] The parties have no dispute;

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