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(영문) 서울고등법원 2016.12.23 2016나2028727
부당이득반환
Text

1. The plaintiff's incidental appeal and the defendant's appeal are all dismissed.

2. Costs arising from an incidental appeal and an appeal shall be individually borne;

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance except for the following additional parts, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(b)in accordance with Part 4 of the first instance judgment of the first instance court, the following shall be added:

According to the fact-finding with respect to the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, around 1980, has implemented the public announcement of the determination of urban planning facilities (market) and the public announcement of cadastral approval with respect to which the head of Gangdong-gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City City Special Metropolitan City Special Metropolitan City City Special Metropolitan City City Special Metropolitan City Special Metropolitan City City Special Metropolitan City (K market) was newly established as "K market." Thus, in order to facilitate the plaintiff's use of the above land, the plaintiff himself/herself has already renounced exclusive exclusive rights to use and benefit from the road. However, according to the facts and the above fact-finding results acknowledged by the above, the plaintiff applied for the determination of urban planning with respect to the land owned by the plaintiff as a market facility in Gangdong-gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City City Special Metropolitan City Special Metropolitan City City Special Metropolitan City Special Metropolitan City City Special Metropolitan City City Special Metropolitan City Special Metropolitan City City Special Metropolitan City Special Metropolitan City Special Metropolitan City City Mayor(hereinafter referred to as "Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City.

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