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(영문) 서울중앙지방법원 2019.10.18 2019나17286
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 2, 1973, C of the land category and land category were divided into nine land, including land E, F or G, etc. On September 1, 1973, the previous H land was divided into nine land, such as H land, I or J land. On August 22, 1974, K land was divided into nine land, such as K, L or M land.

On the other hand, C completed construction with permission to open a private road on January 27, 1973 with respect to B land 77 square meters (hereinafter “instant land”) and N land and the same year.

5. 4 The land category of each of the above lands was changed from before to the road.

B. From September 23, 1973 to April 27, 1982, C related to the ownership of land sold F land, H land, G land, I land,O land, P land, Qua land, R land and neighboring S land, and T land for housing sites to third parties.

With respect to the instant land and N, U, M land, which was owned by C, the transfer registration of shares was completed on September 16, 1996, as the inheritor of C, and on June 12, 1982, as of June 12, 1982.

On June 4, 2012, the Plaintiff purchased V shares of the instant land during the auction procedure, and on February 5, 2013, the Plaintiff acquired the ownership of the remaining shares due to the division of the jointly owned property.

C. On July 6, 1972, the Seoul Special Metropolitan City designated the instant land as Z road, and N land as AA road, when the Seoul Special Metropolitan City announced X-ro Y Urban Planning Facility (Road) was determined.

On August 5, 1983, the defendant divided the urban planning line according to the decision of the above urban planning facilities (road) into the area including the land in this case and the N land.

The Defendant or Seoul Special Metropolitan City, as part of the Z road from around 1984 to 1987, purchased the ownership of the AB land adjacent to the instant land and AC land and part of the AA road adjacent to the NB land by consultation.

The defendant has changed the land category of this case.

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