beta
(영문) 서울중앙지방법원 2019.04.24 2018가합512230

부당이득반환

Text

1. The defendant shall pay 2,64,669,500 won to the plaintiff and 15% per annum from March 17, 2018 to the date of full payment.

Reasons

Basic Facts

A. On March 23, 2011, the housing site development plan was established with respect to 672,454 square meters in Yacheon-si, Yacheon-si, the Plaintiff’s housing site development project implementation 1) was designated as the project implementer of the Leecheon-gu, Yangyang-ri, Yangyang-ri, Lee Ho-ri, Lee Jong-ri, and the management day, and the designation of the said area’s housing site development area and the topographic map was publicly notified by the Ministry of Land, Transport and Maritime Affairs No. 201-98 on March 23, 2011. On September 21, 2012, the designation of the said area’s housing site development plan, the alteration of the development plan, and the implementation plan were approved and publicly notified. 2) The Plaintiff was designated as the project implementer of the said area’s housing site development project (hereinafter “instant project”). The land prior to subdivision was either divided or the lot number was modified by each land listed in the attached Table 1 list.

B. The Plaintiff’s land acquisition 1) requested a consultation on gratuitous reversion to the Defendant on the ground that each land listed in the separate sheet No. 1 falls under “a subordinate public facilities” subject to gratuitous reversion. However, the Defendant did not comply with the consultation on gratuitous reversion for the reason that the current status of each of the above lands is not public facilities. Accordingly, the Plaintiff continued the consultation with the Defendant and the Korea Asset Management Corporation entrusted with the affairs on the management and disposal of each of the above lands by the Defendant regarding the land listed in the separate sheet No. 1, 3 through No. 14, 19, 20, 27 through 33 as to each of the lands listed in the separate sheet No. 31, Oct. 31, 2014; 15 through 18, 21 through 26, 2015; 2.0, Jun. 24, 2015; 1 through 36, 2014 through 14; 15, 2015 to the Korea Asset Management Corporation on the date of the payment 1.