부당이득금
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. 14,259,160 won and its full payment from January 21, 2020
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 13, 1982, the Plaintiff (hereinafter “instant land”) inherited the land located in the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant land”) and owned it up to now.
B. On February 23, 1998, the Mayor of Incheon Metropolitan City completed the public inspection and announcement (G) for authorization of implementation plans under the former Urban Planning Act on February 23, 1998 in order to implement an urban planning project to build roads (F; hereinafter “instant roads”) between the same Gu and Seo-gu, Incheon Metropolitan City (H) with the authorization of implementation plans from the Minister of Construction and Transportation on July 27, 1998.
C. The above notice and notice contain 605 square meters (number 148, 151, 152, 179) among I, J, K land and L land, which were owned by the Plaintiff as “use or expropriated land” but are not indicated in the instant notice and notice.
On June 30, 1999, Defendant 1, the owner of which was non-existent after the subdivision before the division, and Defendant 21m2, J-si, 38m2, J-si, 38m21m2, Dec. 2, 2002, Defendant 1, the owner of the instant road site (merger into an O road) on June 30, 199. The N business site on August 3, 201, Seo-gu, Incheon Metropolitan City, 820m20m2 on the N business site on August 3, 2017, Seo-gu, Incheon Metropolitan City, 100m2, Q-si, Q-si, 524m24m2, Seo-gu, Seo-gu, Incheon Metropolitan City (merger into an O road) on June 30, 199.
D. The Defendant acquired the ownership of the Plaintiff’s land necessary for the construction of the instant road through the consultation procedure for the acquisition of public land and paid compensation to the Plaintiff as indicated below.
[However, L and M land after division were acquired by Seo-gu Incheon Metropolitan City, which implemented a N business (the date of the public notice of project approval). The Plaintiff also consented to the Defendant’s free use of M land equivalent to the surface of the road of this case on December 2002.
E. From December 15, 1998, the Defendant performed the road construction work of this case from around November 24, 2005, and completed around November 24, 2005. In the process, the land of this case is the site of this case.