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(영문) 서울북부지방법원 2017.07.04 2016나35602
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. Facts of recognition;

(a) Division of the land before subdivision 1) The size of 930 square meters and 64 square meters before I (hereinafter referred to as the “number”) in Seongbuk-gu Seoul Seongbuk-gu;

The owner C reported the merger of each of the above lands on April 27, 1972, and each of the above lands was combined, and I was 94 square meters prior to 194 square meters (hereinafter “pre-division”).

(ii) At the request of C, the land before subdivision was divided into the land of F or E- 26 parcels on May 4, 1972, and was further subdivided into the land of E on May 8, 1972 between E and B on May 8, 1972.

3) On May 30, 1972, F or G changed the land category from “the preceding” to “the adjoining land,” and the land B was changed from “the preceding” to “road,” and thereafter, the land B became the B-456 square meters of the road (hereinafter “instant land”) through the unit conversion of the area.

5) As above, C sold each of the lands of F or G divided F or G as a rectangular housing site. From 1972 to 1973, each of the above lands was newly built on each of the above lands. B. The current status of the instant land is located as a “F” form, which is surrounded by each of the lands F or E, and is the only passage from each of the above lands to a public road, and is used as a road passing by neighboring residents from 1972. C is the Plaintiff’s acquisition and loss of the Plaintiff’s ownership. C owned the instant land in around 1995, and the heir J succeeded to the instant land.

2) The Plaintiff was awarded a successful bid in the public sale procedure for the instant land and completed the registration of ownership transfer on March 12, 2008. 3) The instant land was included in the zone redevelopment improvement project zone, and was admitted to the said redevelopment improvement project zone on February 5, 2016.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 6 (including partial numbers) and the purport of the whole pleadings.

2. Summary of the assertion

A. The Plaintiff’s land of this case on March 12, 2008.

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