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(영문) 서울서부지방법원 2019.02.13 2018가합37451

부당이득금

Text

1. The Defendant’s KRW 854,684,803 as well as the Plaintiff’s annual rate from April 27, 2018 to February 13, 2019, and the following.

Reasons

Facts of recognition

The relevant Plaintiff of the parties was the owner (the managing authority: the Plaintiff of 6,468.724 shares (hereinafter “each land of this case”) of 7,228 out of 7,228 square meters in the railroad site 8,989 square meters in Michuhol-dong, Michuhol-gu, Incheon, Michuhol-gu, Incheon (hereinafter “Seoul-dong”) 685-12 (former the change of the administrative district: 440-17) in the railroad site 14,175.9 square meters in the 14,175.9 square meters in the 7,468.724 square meters in the land of this case (hereinafter “each land of this case”). The Defendant was the project implementer of the Incheon-do residential environment improvement project (hereinafter “project of this case”) in which each land of this case was included in the project district.

On December 31, 2007, the Nam-gu Incheon Metropolitan City Supreme Court Decision on the occupation of the Defendant’s land and the relevant administrative litigation were authorized to implement the project of this case on November 23, 2015, and each land of this case was included in the residential environment improvement zone according to the project of this case.

The Defendant occupied each of the instant land from March 23, 2016, on which the report on the commencement of construction of the Incheon floor, including each of the instant land, was accepted.

On or around December 21, 2016, the Korea Rail Network Authority, the managing authority of each of the instant lands, imposed indemnity on the Defendant on the ground that each of the instant lands was occupied without permission. However, on March 17, 2017, the Defendant filed a lawsuit to revoke the imposition of indemnity by Daejeon District Court 2017Guhap101613. On April 13, 2017, the Korea Rail Network Authority revoked the above imposition of indemnity on the Defendant ex officio. Upon notifying the Defendant of the prior notice of permission for use of each of the instant lands pursuant to Articles 30 and 32 of the State Property Act, the Korea Rail Network Authority imposed KRW 893,670,640 on each of the instant lands from January 1, 2016 to December 31, 2017, the Defendant changed the said disposition to impose usage fees, and the said court changed the said claim to the imposition of usage fees.