[부당이득금반환][공1978.8.1.(589),10878]
The case where a mistake was made in calculating the estimated liquidation amount when the liquidated amount is to be paid;
If liquidation money is to be paid, an amount expected to be paid shall refer to the amount equivalent to the liquidation money stipulated in the specification of liquidation money in the replotting plan. As such, the amount equivalent to the ordinary market price at the time of the final public announcement of replotting shall not be the amount equivalent to the liquidation money as mentioned above.
Article 750 of the Civil Act, Articles 53(2) and 46 of the Land Division and Rearrangement Projects Act (Law No. 1822, Aug. 3, 1966)
[Defendant-Appellee] Plaintiff 1 and 2 others
Attorney Tae-young, Counsel for the defendant-appellant
Seoul High Court Decision 75Na1643 delivered on March 21, 1977
The original judgment is reversed, and the case is remanded to the Seoul High Court.
The defendant's attorney's grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the court below acknowledged that the liquidation money of this case was not paid for 82 square meters on the ground that the liquidation money of this case had been used as the actual road (private road) for the execution of the land readjustment project of this case including the land in this case, and that the liquidation money of this case was not paid for 70 square meters on the ground that the liquidation money of this case was not paid for 70 square meters on the ground that the liquidation money of this case was not paid for 70 square meters on the ground that the liquidation money of this case. The court below decided that the liquidation money of this case was not for 70 square meters on the ground that the liquidation money of this case was not for 70 square meters on the ground that the liquidation money of this case was for 70 square meters on the ground that the liquidation money of this case was not for 70 square meters on the ground that the liquidation money of this case was for 70 square meters on the ground that the liquidation money of this case was for 170 square meters on the ground that it was for 2000 billion won on the ground that it was for 2000.
Therefore, the original judgment is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Ahn Byung-hee (Presiding Justice) (Presiding Justice)