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(영문) 의정부지방법원 고양지원 2018.11.08 2017가단677
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 17, 1974, the Plaintiff became a Si-dong in Yongsan-gu, Seoyang-gu, Seoyang-gu, Busan-gu, Goyang-gu, Goyang-si after the change of the name and jurisdiction of the administrative district and the change of the jurisdiction.

On January 13, 1986, the registration of each transfer of ownership is completed with respect to the area of 50 square meters wide (hereinafter “B land before division”), and with respect to the area of 268 square meters wide (hereinafter “C land before division”).

B. The Plaintiff, around November 1990, newly constructed a reinforced concrete structure, five-story neighborhood living facilities and housing (hereinafter “instant building”) on the ground of the said two parcels before the said subdivision, and obtained approval for the use from the Defendant (Seoul Military Office at that time) who is the competent authority around November 1990.

C. Meanwhile, the application for land division and land category change in the Plaintiff’s name regarding the two parcels before the said partition was received to the Defendant on November 21, 1990. On November 22, 1990, the land before the division became three-eight square meters in total, D road 7 square meters in size, E road 23 square meters in total, and the land before the division was 31 square meters in total and 19 square meters in total in F road. The land B before the division was 31 square meters in total and 19 square meters in total.

(2) After the division, C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

이 사건 4 토지의 경계선에 빗물받이 1개(별지 2도면 나 ‘’부분)가, 이 사건 5 토지의 경계선에 맨홀 1개(별지 2도면 가 ‘ⓦ’부분)가 각 설치되어 있고, 이 사건 1, 2 토지와 3, 4, 5 토지 사이의 A, B, C 부분에 경계석이 설치되어 있다.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 6, 7, 25, Eul evidence Nos. 1 (Application for Land Partition), Eul evidence Nos. 2 (application for Land Category Change), Eul evidence Nos. 3 (including branch numbers, if any; hereinafter the same shall apply), the result of the request for surveying and appraisal to the Director of the Korea Land Information Corporation and the Director of the Korea Land Information Corporation, the purport of the entire pleadings is the plaintiff.

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