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(영문) 대전고등법원 2018.06.20 2017나12743

부당이득금

Text

1. The part against the plaintiff falling under paragraph (2) of the judgment of the court of first instance shall be revoked;

(b).

Reasons

1. Basic facts

A. The plaintiff was established on January 1, 2005 by the Korea Railroad Corporation Act (amended by Act No. 7052 of Dec. 31, 2003) and each land listed in the separate sheet No. 1 from around that time (hereinafter "each land of this case").

(2) The Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) (hereinafter “Defendant Corporation”) was merged with the Korea Housing Corporation on October 1, 2009, and succeeded to the status of the project implementer of the Asan-gu Housing Site Development Project designated as a planned area for housing site development (hereinafter “instant housing site development project”) on September 27, 2002, by public notification of the Ministry of Construction and Transportation on September 27, 2002, by succeeding to the status of the project implementer of the Asan-gu Housing Site Development Project (hereinafter “instant housing site development project”).

(B) The Korea High-Speed Construction Authority (1) acquired the Plaintiff’s ownership of each of the instant lands as indicated in the following table 1. (3) The Defendant Asan City is a local government having jurisdiction over the area where the Dominan City is located. (2) The Korea High-Speed Construction Authority (1) acquired the ownership of each of the instant lands, as well as the following:

[Attachment 1] On September 2, 1996, the land indicated in Appendix 1 List 1 List 1, 1996, the date of registration of ownership transfer of each land of this case by the High-Speed Rail Construction Authority of the Korea High-Speed Construction Authority on September 2, 1996, indicated in Attached Table 2, 1, 2, 1996, 3, 4, 5, 196, 4, 5, 196, 5, 2, 196, 5, 196, 2, 1996, 4, 5, 51, 2, 195, 196, 2, 1996, 5, 196, 2, 1996, 5, 196, 1, 196, 196, 2, 196, 3, 19, 196, 196, 2, 196, 196.