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(영문) 서울중앙지방법원 2018.04.11 2017나43540

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1-1-7, Gap evidence 2-2, Eul evidence 3-2, and Eul evidence 2:

The Kimpo-si market and the Kimpo-mpib Co., Ltd. (hereinafter referred to as the "non-party company") are the project implementer of the general industrial complex development project [B general industrial complex] (7j) (hereinafter referred to as the "instant project") in Kimpo-si.

The Gyeonggi-do Governor publicly announced the instant project plan to Gyeonggi-do E ( April 8, 2013), F ( September 10, 2013), G ( June 5, 2014), and H ( July 17, 2014).

B. (1) The Kimpo-market and the non-party company filed an application for adjudication with the Gyeonggi-do Local Land Tribunal, as it did not reach agreement on the acquisition of obstacles to the C and the Defendant’s possession of each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) and the real estate on each of the instant real estate.

on August 31, 2015, the Gyeonggi-do Regional Land Tribunal rendered an adjudication to accept the Defendant’s business compensation amounting to KRW 178,48,480,00 with respect to each of the instant real property, obstacles, etc. on October 15, 2015, KRW 254,751,00, KRW 458,475,125, KRW C’s compensation for obstacles, KRW 192,614,780, and KRW 178,480 with respect to the Defendant’s business compensation amounting to KRW 178,480,00. The Nonparty Company paid the above compensation amount according to the adjudication to expropriate.

Article 45 and Article 45 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) (1) A project operator shall acquire the ownership of land or goods at the commencement date of expropriation, and the other rights of the land or goods shall be terminated at the same time.

Pursuant to this, on October 15, 2015, ownership of each of the instant real estate was acquired.