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(영문) 서울고등법원 2020.05.07 2019나2048760

부당이득금

Text

1. The following portion of the claim for return of unjust enrichment related to land in the annexed list 1 and 11 of the judgment of the court of first instance is higher.

Reasons

1. Scope of trial of this court after remand;

A. In the first instance court, the Plaintiff filed a claim against the Defendant for the return of unjust enrichment on the land in the attached list 1 through 15, and the court of first instance accepted the claim on the land in the attached list 5, 6, 9, 14, and 15 among the Plaintiff’s claim, and dismissed the remainder of the claim.

B. Of the judgment of the court of first instance, the Plaintiff appealed on the part of the attached list 1, 4, 8, 10, 11, and 12, and the Defendant appealed on the entire part of the judgment of the court of first instance (the part on the attached list 5, 6, 9, 14, and 15) against the Defendant. The judgment of the court of first instance dismissed all the appeals of the Plaintiff and the Defendant.

C. The Plaintiff filed an appeal against the part on the attached list 1, 11 among the judgment before remanding. The Defendant appealed against the part on the attached list 1, 11 among the judgment before remanding. The judgment of remand reversed the part on the part on the attached list 1, 11 among the judgment before remanding, and remanded this part of the case to this court. The Defendant’s incidental appeal was dismissed.

Therefore, since the remaining part of the Plaintiff’s claim except for the part on the attached list 1, 11 is already determined, the scope of the trial of this court after the remand is limited to the part on the attached list 1, 11.

2. Basic facts

A. The Plaintiff (the name Lwork before changing September 1, 2016, and a local government-invested public corporation established pursuant to the Local Public Enterprises Act) is the implementer of the Gangseo-gu Seoul Metropolitan Government Urban Development Project (hereinafter “instant Project”) that develops B B as a residential, commercial, business, industrial, park, etc.

B. On December 28, 2007, the Seoul Special Metropolitan City Mayor formulated a development plan for the designation and development of an urban development zone as D Public NotificationD of Seoul Special Metropolitan City on December 28, 2007, and on December 30, 2008, the Seoul Special Metropolitan City E-public notification changed the designation of an urban development zone, the establishment

C. Attached list 1,11 attached to the Defendant’s ownership (hereinafter “instant land 1,11”) is dated December 28, 2007.

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