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(영문) 수원지방법원 2016.08.10 2015나40873

부당이득금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On April 4, 1994, Gyeonggi-do announced a road decision to newly build 3-6 lines (No. 12 meters in width and 470 meters in length) of 3-6 lines (No. 1994-83) in the area of 41-321 road in Pyeongtaek-si stability 41-321 road, 1,330§³, such as 41-367 square meters in Pyeongtaek-si, Pyeongtaek-si, and 413 square meters in width (No. 12 meters in width) (No. 1994-83). 2) On December 3, 2009, the Plaintiff made a decision to revise the 3-6 lines in order to determine the gyeong urban management planning (financial expenses) (No. 2009-292).

3) On December 3, 2012, the Plaintiff publicly announced the authorization of an implementation plan (No. 2012-349 square meters in width, 290 square meters, size 2,690 square meters) of opening 3-6 lines in Pyeongtaek-si 41-367 Incheon Special Self-Governing Province's fluorg 41-367, and accordingly, commenced the road construction work on November 26, 2013. (b) On October 15, 1976, Gyeonggi-do's 2-28 lines (date: 47-1 answers, closing points: 47-37 large : 12 meters in width, 290 square meters, 2,690 square meters in size).

2) On March 19, 2007, the Plaintiff announced an implementation plan with 2-28 lines to be opened (No. 2007-43m wide, extension 8m wide, 69m wide) in Pyeongtaek-si’s fluorg 47-376, Pyeongtaek-si’s fluorg fluorg 167-14, Nov. 30, 2012, the Plaintiff announced an implementation plan with the establishment of 3-6 lines (gold : 6m wide, 150m wide, 993m wide) (No. 2012-348m wide, hereinafter referred to as “the road construction of this case”). Thereafter, the Plaintiff commenced construction of each of the above roads (including road construction works for 3-6m wide, 3-6m wide, and 93m wide).

(3) On August 28, 2014, the Plaintiff acquired each ownership from the Plaintiff’s agreement on January 22, 2013 with respect to 47-82 large 29 cubic meters, which is the land located in Pyeongtaek-si’s 3-6 line, from the date of August 28, 2014, for the land located in the 2-28 line, the Plaintiff acquired each ownership from the Plaintiff’s agreement on January 22, 2013.

C. The plaintiff's request for the transfer of electric poles and the payment of electric installations 1 plaintiff 3.2.