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(영문) 인천지방법원 2020.05.26 2019가단258933

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on December 23, 1976 with respect to the Plaintiff, Defendant, and E shared one-third shares on January 7, 1977, 1977, with respect to the land of this case, 1488.7 square meters in Chungcheongnam-do, Chungcheongnam-do (hereinafter “the land of this case”) and 1282 square meters in D, 1282 square meters (hereinafter “the land of this case”). The combination of the land of this case Nos. 1 and 2, “each of the instant land” in which each of the instant land was added, due to the change of administrative jurisdiction on July 19, 2012.

B. Each of the instant lands was incorporated into a site for a development project and expropriated into the Korea Land Corporation. Accordingly, in the future of the Korea Land Corporation, the registration of ownership transfer was completed on November 17, 2006 for the Defendant and E shares, and the registration of ownership transfer was completed on March 14, 2007 due to land expropriation on February 2, 2007 for the land expropriation on November 15, 2006 for the Plaintiff’s shares.

C. The final compensation for expropriation calculated with respect to the Plaintiff’s share out of each of the instant lands is KRW 42,626,440 of the instant land and KRW 78,479,70 of the instant land 2 and KRW 35,853,260 of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff received a claim amounting to KRW 78,479,70 as the compensation for expropriation of the Plaintiff’s shares among each of the instant lands. In around 2010, the Plaintiff and the Defendant, whose repayment period for the claim for the above compensation for expropriation has expired, agreed to the effect that “it is defective that the Plaintiff, the Defendant, and the E shared 1/3 shares, such as the transfer of the land by collecting compensation for expropriation of each of the instant lands,” and the Plaintiff received the claim for the compensation for expropriation from the Korea Land Corporation and delivered it to the Defendant.

Afterward, the defendant purchased the land with the above compensation, but did not make a transfer registration of ownership to the plaintiff. The plaintiff again sold the land.