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(영문) 수원지방법원 2013.08.13 2013가합2460

부당이득금

Text

1. The Defendant shall pay KRW 15,157,00 to Plaintiff A, B, D, and E.

2. Plaintiffs A, B, D, and E respectively, and Plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs A, B, D, and E (hereinafter referred to as "four persons, including the plaintiff, etc.") are the co-owners of the land designated by the defendant, as the implementer of the urban planning facility project in Yeongdeungpo-gu Myung-gu, and the limited liability company (hereinafter referred to as "day") is the land purchaser designated by the defendant, who is the plaintiff 2,579m2,579m2,717m2, J 2,271m2, K 1,861m2, K 1,861m2, and L previous 168m2 (hereinafter referred to as "each land before division").

B. On April 25, 2008, Japan agreed with theO representing four persons, including Plaintiff A, etc., to pay compensation determined in accordance with a separate compensation plan as to each land before the division into the access road to the school site, and forest land MY 18,843 square meters, etc. of Yeongdeungpo-gu, Young-gu, Young-si.

C. Around August 25, 2008, the Defendant entered into a land use contract with Plaintiff A and D on each land before subdivision in order to carry out the relevant construction after being designated as the implementer of an urban planning facility project to build an elementary school and a road from the Young-si Incheon Metropolitan City M pursuant to Article 86 of the National Land Planning and Utilization Act (amended by Act No. 9313, Dec. 31, 2008). The content of the contract is as follows.

The land category of the location in which the land is divided and the area for application for the cadastral area of the land is located, and the land incorporated into the road H H 2,579 87.3, 383.6 “I 2,717.6” shall be incorporated into the road, “Y 1,861 395.7, “Y 1689.9, Qu 7,369 1,366.8” “I 18,8431,36.9, “I 17,215.8,215.8” as the land of the above plaintiffs and PJ 2,271, 251.4, “I am 168.9, Qu 7,369” “I am 18,8431,512,215.8” as the land of the above plaintiffs and PJ O 17,215.8

Division of each land, etc. before subdivision; or