부당이득금반환 등 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the operator of the business that approved and publicly notified as the project approval under Article 2005-317 of the Ministry of Construction and Transportation Notice (amended by the Ministry of Construction and Transportation Notice No. 2008-337, Jul. 22, 2008) on October 14, 2005 (hereinafter “instant business”).
B. The Defendant is a person who installed a warehouse similar to a plastic greenhouse with steel pipes and tents, etc. and kept military outfits and construction materials, etc. on the land located in the Seoul Central District B and C (hereinafter “instant land”). Among them, B is a person who installed a plastic greenhouse and kept military outfits and construction materials, etc. on the land located in the project site of the instant project in Seoul Central District Court (hereinafter “instant land”).
C. The Plaintiff accepted the articles listed in the separate sheet owned by the Defendant (hereinafter “instant articles”) following the Central Land Expropriation Committee’s ruling on September 10, 2009 and the instant ruling on February 4, 2010, and deposited KRW 26,580,000 in total as compensation for losses (transfer compensation).
In the event that the Defendant did not move the instant goods even after the repeated vicarious execution, the Plaintiff was delegated by the head of the competent Gu with the authority of vicarious administrative execution on December 21, 2009 and transferred the said goods to the open site in Yeonsu-gu Incheon Metropolitan City (hereinafter referred to as the “the open site”).
(hereinafter “instant administrative vicarious execution”). The employees of the service company, upon receiving the Plaintiff’s instructions, used the excavated machine, which was stored in the boom, and moved the excavated machine into the truck by using it. The employees of the service company, while moving it to the bundry site, did damage the said object by leaving it unattended into the Jin soil floor without a bund or cover.
E. On December 10, 2012, the Defendant: (a) destroyed the instant goods in the course of executing the instant administrative vicarious execution against the Plaintiff on December 10, 2012; (b) on the ground that the Seoul Central District Court recklessly damaged the instant goods.