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(영문) 의정부지방법원 2018.08.08 2016가합56233

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the implementer of the instant project in South-ju City (hereinafter “instant project”). The main content of the instant project is to newly build and expand a total of 23.6 km roads, including the extension of 5.7 km and national highways C3.2 km.

B. When the competent authority of the expressway project in accordance with the Act on Public-Private Partnerships in Infrastructure secures the ownership of the project site through a compensation consultation or expropriation and provides it to the project implementer, the project implementer is operating in the form of installing the road facilities on the site of the project provided, transferring the ownership of the facilities to the competent authority, obtaining the management and operation rights for 30 years in return, and collecting the investment from the user for the said period. E Co., Ltd. is the company selected as the project implementer of the instant expressway project. The Defendant delegated the authority on the project management and land compensation by the Ministry of Land, Infrastructure and Transport, which is the management authority of the instant expressway, to compensate for the site of the instant expressway with respect to the said expressway.

C. The Plaintiff obtained authorization of the instant project implementation plan from the Namyang-si around December 2008, and completed the registration of transfer of ownership in the Plaintiff’s name through an agreement acquisition and a ruling of expropriation with respect to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) according to the said projects from May 201 to October 201.

On June 5, 2012, the Ministry of Land, Transport and Maritime Affairs approved the implementation plan for public-private partnership projects on the instant expressway. According to the said plan, the implementation plan was formulated with the content that part of the said part of the F Connection section overlaps with the part of the road of the instant project. The part on the “area to be incorporated into an expressway” in the instant land is indicated as above.