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(영문) 수원지방법원안양지원 2019.10.18 2018가합102725

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) 794,300 won and the rate of 12% per annum from July 6, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On October 5, 201, the Plaintiff is a person who implements a project to develop the Bogeumjari Housing District (hereinafter “instant project”) for Overcheon-si Cdong and Ddong members, and the Minister of Land, Transport and Maritime Affairs designated and publicly announced the Bogeumjari Housing District of the instant project as F notified by the Ministry of Land, Transport and Maritime Affairs.

B. The Plaintiff paid the sales price of KRW 2,812,810,00 to G, the owner of the land B, 2,860 square meters (hereinafter “instant land”) located in the instant project zone, and acquired the said land through consultation.

On June 12, 2015, the Plaintiff completed the registration of transfer of ownership on the instant land by consultation.

C. The Defendant is occupying the land in this case in a state where a vinyl, sand site board, etc. (hereinafter collectively referred to as “in the instant land”) owned by the Defendant is filled up on the part of 24.9 square meters in the bend (hereinafter referred to as “the instant land”), which connects each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the instant land, and is located in the 24.9 square meters in the bend (hereinafter referred to as “the instant land”).

The Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee on April 13, 2017, as a dispute arises between the Defendant and the Defendant regarding the compensation for the instant obstacles, and the Central Land Expropriation Committee rendered a ruling of expropriation on June 6, 2017, respectively, by setting the commencement date of expropriation as the total amount of KRW 10,91,450, and the commencement date of expropriation.

E. On May 17, 2017, the Defendant received full amount of compensation from the Plaintiff for the instant obstacles as stipulated in the above acceptance ruling.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination as to the cause of action

A. According to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, a project implementer may expropriate or use land, if necessary for the performance of public works (Article 19, landowner, and landowner).