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(영문) 수원지방법원 2016.05.19 2015가합61210

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “each land of this case”) assigned to the land for the border highway.

B. In accordance with Article 112 of the Road Act and Article 103 of the Enforcement Decree of the Road Act, the Defendant vicariously executes construction works concerning new construction, extension, renovation and repair of the border highways by delegation by the Minister of Land, Infrastructure and Transport, which is the managing authority of the national expressway.

C. On July 14, 1992, the Defendant implemented a construction project for the extension of the 8th line between Yang Jae-su Highway (hereinafter “instant extension project”), and completed the said extension project (hereinafter “instant extension project”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1-8, Eul evidence 4-5, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) At the time of the implementation of the instant expansion project, each of the instant lands was incorporated into the Busan Expressway. The Defendant, as the implementer of the Busan Expressway Construction Project, failed to compensate the Plaintiff, who is the owner of each of the instant lands through consultation or expropriation procedures, thereby causing damages equivalent to the amount of compensation for losses. Therefore, the Defendant is obligated to pay the Plaintiff the amount equivalent to the compensation for losses for each of the instant lands, which is the amount equivalent to the compensation for losses for each of the instant lands, and the compensation for losses incurred therefrom. (2) In addition, the Defendant did not compensate the Plaintiff for losses, thereby aiding and abetting the Republic of Korea, the occupant of the Busan Expressway, to illegally occupy each of the instant lands, thereby aiding and abetting the Plaintiff to illegally occupy each of the instant lands.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay the amount equivalent to the rent for each of the instant lands for the five years from January 21, 2011 to January 20, 2016, and delay damages therefrom, as the Plaintiff seeks.

B. Some of the lands of the Defendant in this case were incorporated at the time of the first opening of the Gyeong Highway.