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(영문) 서울중앙지방법원 2017.09.20 2016가단5095050
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. C purchased 276 square meters prior to the subdivision on August 22, 1962, Gangdong-gu Seoul Metropolitan Government D prior to the subdivision (hereinafter “instant mother land”), and completed the registration of ownership transfer for the said land around that time.

B. On January 18, 1969, Seoul Special Metropolitan City: (a) drafted and disclosed the proposal for the display of the road planning line at the market price near the mother land in this case; and (b) announced the decision as an urban planning office in accordance with the above proposal on January 18, 1969.

C. From November 1, 1968 to December 1, 1973, C divided the maternity land of this case into several parcels, such as E, F, G, and H. On December 26, 1973, C divided the above divided H land into five parcels, according to the classification criteria within the residential area on December 26, 1973, and developed a part of the said divided land into H, I, J, K, and L, by combining it with adjacent land.

As above, D-248 square meters remaining after the division as above was divided into D-1 December 1, 1986, D-192 square meters and M-sized 56 square meters, and each real estate listed in attached Tables 1 and 2 was classified as attached Tables 1 and 2.

(hereinafter referred to as “each of the instant real estates”) D.

C From October 1974 to April 1983, all remaining parcels of land except each of the instant real estate were sold to the general public. Since each of the instant real estate was put into a building on the remaining housing site except the instant real estate, each of the instant real estate was naturally used as a road through which the general public passes.

E. On June 15, 2010, the Plaintiffs purchased each of the instant real estate from C, and on July 28, 2010, on the grounds of the said sale, Plaintiff A completed the registration of ownership transfer on each of the instant real estate 9/13 shares, while Plaintiff B completed the registration of ownership transfer on each of the instant real estate 4/13 shares, respectively.

F. At present D real estate, part (A) of which was connected in sequence of the points indicated in the annexed drawings No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and Ma is used as a passage of vehicles and pedestrians as a road on which asphalt is packed (hereinafter the above road referred to as “instant road”), and parking line;

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