부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts recognized;
A. The Defendants owned gas storage tanks, gas charging facilities, buildings, etc. on the land (a total area of 3,580 square meters) in Gyeongnam-gun E, F, G, and H (a total of 3,580 square meters) and run gas filling business.
B. On February 25, 2010, the head of the Busan Regional Construction and Management Administration publicly announced a road zone for J Corporation (hereinafter “instant public works”). The Defendants’ gas charging site was included in the implementation zone of the instant public works, but the remainder of the land E station site, E station site, 1,850 square meters for G factory site, and 96 square meters for G factory site (hereinafter “instant remaining land”).
C. The Defendants asserted that the remaining land of this case alone is impossible to implement gas filling business, and demanded to include the remaining land of this case and the buildings and facilities listed in the separate sheet on the land (hereinafter “instant obstacles”) in the subject to expropriation.
On February 20, 2014, the Central Land Tribunal rejected the request for expropriation on the ground that the remaining land of this case cannot be deemed to be significantly difficult to use it as a gas filling station for the previous purpose. However, since the obstacles of this case are confirmed to be inevitable to transfer it, the Central Land Tribunal rendered a ruling to compensate for the expenses incurred in the transfer thereof. Accordingly, on March 19, 2014, the Plaintiff paid compensation for damages of KRW 1,08,621,730 to Defendant A and KRW 103,824,780 to Defendant B, KRW 96,808,68, and KRW 268,430, and KRW 290 to Defendant D, respectively.
As to this, the Defendants filed an objection while demanding the expropriation of the remaining land of this case and the increase in compensation for losses. On July 17, 2014, the Central Land Expropriation Committee rejected the request for expropriation of the remaining land of this case and rendered a ruling to partially increase the compensation for the Defendants. Accordingly, the Plaintiff filed an objection with Defendant A on August 8, 2014, KRW 16,404,570, KRW 16,940, KRW 2686,460, and Defendant C.