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(영문) 서울중앙지방법원 2016.09.01 2016가합507999
부당이득금
Text

1. The Defendants are 119,857,872 won to each Plaintiff and 15% per annum from July 8, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The execution of the general industrial complex development project and the expropriation of land, etc. 1) Kimpo-si General Industrial Complex Development Project and Kimpo-si Kimpo-si Ltd. (hereinafter referred to as the “Mapo-Tech”)

) The Kimpo-si General Industrial Complex Development Project [Korean General Industrial Complex 6th [Korean General Industrial Complex 6th]] (hereinafter referred to as the “instant project”).

In order to jointly implement the instant project, an industrial complex plan was approved in accordance with Article 15(1) of the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes. 2) In order to acquire each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Defendant A and each of the real estate obstacles to the location of the instant real estate owned by Defendant B Co., Ltd. (hereinafter “B”) in the course of promoting the instant project, the Gyeonggi-do regional land tribunal filed an application for adjudication on the compensation price, etc. as the agreement was reached with the Defendants, but the agreement was not reached due to differences in opinions

3) On July 27, 2015, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation (transfer) with respect to each of the instant real estate and each of the obstacles, etc. on September 10, 2015; on September 21, 2015, Defendant A’s land compensation amounting to KRW 2,321,714,660; on August 31, 2015, “The property compensation amount of Defendant A is KRW 1,427,496,010; the property compensation amount of Defendant B was corrected to KRW 1,815,346,440.” The non-party company paid compensation for losses following the expropriation and correction ruling to the Defendants. The non-party company completed the registration of ownership transfer pursuant to Article 45 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, etc. for Public Works Projects, the date the Plaintiff acquired the ownership of each of the instant real estate under the name of the Plaintiff on September 23, 2015, 2015.

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