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(영문) 대전지방법원천안지원 2020.09.17 2020가단102057

부당이득금

Text

1. The Defendant: (a) KRW 37,496,00 for the Plaintiff and the Plaintiff’s KRW 1.6% per annum from September 8, 2017 to March 18, 2018; and (b) March 19, 2018.

Reasons

1. Facts of recognition;

A. The Korea Land and Housing Corporation implemented a G housing site development project (hereinafter “instant housing site development project”) on one’s own land, such as Dong Cdong, Ddong, Sinsan-si, Sinsan-si, Sinsan-si, and F. From 2007 to 2015.

B. On September 9, 2015, H purchased the land of this case from the Korea Land and Housing Corporation (hereinafter “instant land”) one to nine hundred and twenty-two square meters (the lot number of the instant housing site was adjusted to the Seo-gu, Seoan-gu, Seoan-gu, and the area was adjusted to nine hundred and twenty-two square meters after completion of the instant housing site development project; hereinafter “instant land”).

C. On September 15, 2015, the Korea Land and Housing Corporation entered into a contract with H and K to transfer 1/2 of the rights and obligations under the sales contract for the instant land to K. On February 21, 2017, H, K, L, and M to transfer 1/4 of the rights and obligations under the sales contract for the instant land to H, K, L, and M. On July 7, 2017, H, K, L, and M completed the registration of transfer of ownership for the instant land to H, K, L, and M.

(1/4) Each co-owner's share 1/4).

On July 25, 2017, the Plaintiff obtained consent from H, K, L, and M to use for constructing four-story neighborhood living facilities on the instant land. On August 7, 2017, the Plaintiff obtained a building permit to construct a new building, which is a type 1 neighborhood living facility of the fourth floor of the reinforced concrete roof, on the instant land (hereinafter “instant building”).

Around September 2, 2017, the Director of the Clean Water Business Bureau, the Defendant’s affiliated organization, imposed and notified the Plaintiff of KRW 37,496,00 on the charge of water supply on the instant building (hereinafter “instant disposition”), and the Plaintiff paid the said charge on September 7, 2017.

E. After completing the construction of the instant building on July 6, 2018, the Plaintiff obtained approval for the use of the instant building from the astronomical market around July 6, 2018, and registration for the preservation of ownership in the name of the Plaintiff as to the instant building on July 25, 2018.