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(영문) 서울중앙지방법원 2018.09.06 2017가합544186

부당이득반환

Text

1. The Defendant: (a) paid KRW 1,417,871,00 to the Plaintiff and KRW 585,113,50, respectively, KRW 500 per annum on July 7, 2017, and KRW 5% per annum.

Reasons

Basic Facts

The Plaintiff is an implementer of an urban planning facility project (hereinafter “instant project”) of 1-3, Hanam-dong, Hanam-si, for which the public announcement of the amendment of the project implementation plan was completed pursuant to Article 2015-97 of the public notification of Hanam-si on April 3, 2012, the determination of an urban management plan (urban planning facilities, district unit planning plans), and the public notification of the determination of the amendment of urban planning facilities (road) and the public notification of the implementation plan under Article 2014-37 of the public notification of Hanam-si on April 11, 2014, and the public notification of the amendment of the project implementation plan was made on September 23, 2015.

Attached Form

1 Each land listed in the list 24 through 29 and each land before subdivision listed in the separate sheet 2 (hereinafter collectively referred to as “instant land before subdivision”) shall be the State property incorporated into the instant project site; the land before subdivisions listed in the separate sheet 2 shall be the State property incorporated into the instant project site; and the land before subdivisions in the separate sheet 2 shall have been entrusted by the defendant with the management affairs of each of the above land by the defendant; and the management authority of each land listed in the separate sheet 24 through 29 shall be the head of

The Plaintiff requested consultation on gratuitous reversion of the land before the subdivision of the instant case, the land category of which was a ditch, road, or river entered in the public register to the head of the Gyeonggi-do Mayor and the head of the Gyeonggi-do Southern Facilities Center, and the head of the lower Mayor and the head of the Gyeonggi-do Southern Facilities Center refused a request for consultation on gratuitous reversion of the Plaintiff on the ground that the land

Accordingly, on November 25, 2016, the Plaintiff entered into a sales contract with the Korea Asset Management Corporation entrusted with the business of managing and disposing of each of the above lands by the Defendant on November 25, 2016, under which the Plaintiff paid KRW 832,757,500 to the Korea Asset Management Corporation on the same day, as shown in the attached Table 1, and paid KRW 832,757,50 to the said Corporation on the same day. On December 12, 2016, the Plaintiff completed the registration of ownership transfer in the future for each of the above lands.

On the other hand, the plaintiff is attached Table 1 List 24.