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(영문) 서울중앙지방법원 2015.05.07 2014가단5245653
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 22,531,00 and interest rate of KRW 20% per annum from February 18, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a right holder of 6/85 of each of the real estate listed in the separate sheet (hereinafter “instant land”) and the Defendant is a right holder of 59/85 of each of the instant land.

B. (1) On April 13, 1960, the land was subdivided into Seongdong-gu Seoul Metropolitan Government Category C (Road) 306 square meters (hereinafter “one land before subdivision”). On December 21, 1963, the “one land before subdivision” was converted into the administrative district around 306 square meters of Seongdong-gu Seoul Metropolitan Government D Road. On February 3, 1967, the land was subdivided into two lots outside of the first land.

On April 13, 1960, Seongdong-gu Seoul, Seoul, 182 was subdivided into F (Road) 98 square meters with respect to the part adjacent to the 1st land prior to the subdivision, and the remaining part into G site 84 square meters with respect to the remaining part.

Before subdivision, the administrative district was changed to 98 square meters on December 21, 1963, the second land was subdivided into two parcels, other than the second land, on February 3, 1967.

(2) In the cadastral map on each land before subdivision, the category of each of the instant land and its adjacent land was changed from “former” to “road,” and the land whose category was changed to “road,” adjacent thereto, constitutes a certain rectangular pattern, the width of which is 15 meters depending on the boundary of the partitioned land.

C. (1) On November 21, 1979, the Defendant approved an implementation plan for an urban planning project (road) as follows, as notified I of Seoul Special Metropolitan City.

1. Location to implement the project: Seongdong-gu J-K;

2. Type and name of a project: L-to-L road expansion works;

3. Business size: breadth = 25m, extension 2,903m.

5. Date of commencement and completion: December 31, 1981, the date of authorization (2) the Defendant approved the implementation plan for the urban planning project (road) for the N sections as set out below in the Seoul Special Metropolitan City public notice Mro on April 12, 1984.

1. Location to implement the project: N between Seongdong-gu P;

2. Type of project: The name of the urban planning project (road): the NN expansion and road expansion;

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