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(영문) 서울고등법원 2018.12.28 2018나2050254

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff’s implementation of the Plaintiff’s project 1) in carrying out the housing site development project of the G district from around 2006, and obtained authorization for the implementation plan for the “A project” from the Southern-si around December 2008 as part of measures to improve metropolitan transportation. 2) According to the above authorized implementation plan, the Plaintiff: (a) performs construction and expansion works of roads, such as South-ju City/Do, (hereinafter “project site”) on the land subject to the project (hereinafter “project site”) and bears the obligation to gratuitously revert the project site to the Southern-si within 60 days from the announcement that the said construction was completed.

3) Accordingly, the Plaintiff completed the registration of ownership transfer on each parcel of land indicated in the list of real estate in the annexed sheet, “ Address” and “land number”, which are the project site, through an acquisition by consultation and a ruling of expropriation from May 201 to October 201. (b) In part of the project site, “DD Private Partnership Project” (hereinafter “EA”) is included in the DDD Project site, which is a project implementer, and the competent authority obtains the ownership of the land subject to the project through a compensation consultation or expropriation pursuant to the Act on Public-Private Partnerships in Infrastructure (hereinafter “EA”) and provides it to the project implementer, the Plaintiff installed a road in the land subject to the project and transferred the ownership of the facility to the competent authority after obtaining permission for the management and operation rights of the road for thirty (30) years from the user and collected the investment money.

2) On June 5, 2012, the Ministry of Land, Infrastructure and Transport (the previous name is “Ministry of Land, Transport and Maritime Affairs,” and hereinafter referred to as “the Ministry of Land, Infrastructure and Transport”), which is the competent authority, shall

The approval of the execution plan for the project of this case was obtained from the Ministry of Land, Infrastructure and Transport, and the defendant is out of the project of this case.