부당이득금반환
1. Of the judgment of the court of first instance, the part of the judgment against Defendant Daewoo Construction Co., Ltd. shall be revoked, and the plaintiff corresponding thereto.
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 2, 4, 9, 10, 13 through 30 (if there are serial numbers, including their serial numbers; hereinafter the same shall apply), Eul evidence Nos. 4 and 5, and the purport of the entire pleadings as a result of the expert witness A in the first instance trial.
(1) The Plaintiff is a public corporation that continues to exist in accordance with the Korea Highway Corporation, and is delegated by the Minister of Land, Infrastructure and Transport with the affairs concerning the Highway under the control of the Ministry of Land, Infrastructure and Transport (the name of the Korea Highway Corporation has been changed several times, but the current name has been followed), and is the manager of the Yeongdeungpo-dong Highway (
(2) The Defendant Corporation (hereinafter “Defendant Corporation”) was merged with the Korea Land and Housing Corporation on October 1, 2009 and became the Defendant; hereinafter “Defendant Corporation”) is the operator of the housing site development project in the Singu New-dong, Young-dong, Young-gu, Young-gu, Chungcheongnam-gu, and newly constructed and sold a new Yacheon-gu, 682 (hereinafter “this case’s green-let apartment”).
(3) The Defendant Construction newly constructed and sold an apartment complex of Kukdong-gu 691, Young-gu, Young-gu, Seoul (hereinafter “the instant apartment complex”) located in the said development zone (hereinafter “the instant apartment complex”). The apartment complex of the instant apartment complex was built and sold in lots at the same time with the apartment of the instant apartment complex.
B. On or around December 1994, the Plaintiff completed the 4-lane expansion construction of the instant road section among the instant roads (hereinafter “the instant primary expansion construction”), and around June 1997, publicly notified the instant road zone’s decision on the extension section of the instant road. On or around May 2003, the Plaintiff started the construction design of the instant road section extension section among the instant roads. On or around October 2007, around 6-8 lanes in the instant road section.