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(영문) 광주지방법원 2018.06.27 2017가단518590

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) KRW 157,552,400 and KRW 26,472,80 among them shall be from January 1, 2014; KRW 26,472,80.

Reasons

A. On January 31, 2017, the head of the Dong notified the completion of the redevelopment project of D Zone Housing including road works, which extends from 15 meters to 22 meters wide.

[Reasons for Recognition] Facts without dispute, Eul's evidence 1-1, 23-2, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserted by the parties concerned shall claim the return of unjust enrichment on the ground that the defendant occupied the land of this case without any legal ground from April 18, 2007.

In this regard, the Defendant asserts that the road, including the instant land, has the duty to return unjust enrichment from January 31, 2017, which was changed to 22 meters in width.

(b) Determination 1) relevant regulations* Article 2 (Types of Local Governments) of the Local Autonomy Act.

The term "Gu within the jurisdiction of the Special Metropolitan City or a Metropolitan City" means only a Gu within the jurisdiction of the Special Metropolitan City or a Metropolitan City, and the scope of the autonomous Gu may be different from that of a Si/Gun as prescribed by Acts and subordinate statutes.

Provided, That this shall not apply where other Acts and subordinate statutes prescribe otherwise.

Attached Table

2. Affairs managed not by autonomous Gus but by the Special Metropolitan City or Metropolitan Cities.

7. Affairs related to the construction, maintenance, and management of roads;

(a) Maintenance and management of roads prescribed by Municipal Ordinance of the Special Metropolitan City or a Metropolitan City, which are at least 12 meters old, taking into account the degree of importance of street width and routes* Attached Table of the Gwangju Metropolitan City Ordinance on Delegation of Affairs

2. Affairs delegated to the head of the Gu; 1. The following authority concerning roads, the width of which is less than 20 meters:

(a) Execution, maintenance and management of road works;

Conclusion and implementation of the entrusted road works.

Public announcement and inspection of disuse of roads;

Road works to managers of other structures.