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(영문) 서울고등법원 2015.08.21 2015나2005826
부당이득금반환 등 청구의 소
Text

1. The judgment of the first instance court, including the selective claims added at the trial, shall be modified as follows:

The defendant.

Reasons

1. The following facts are without dispute between the parties, or evidence Nos. 1-1 through 3, evidence Nos. 1-2, evidence No. 3, evidence Nos. 4-1, 2, evidence No. 5, evidence No. 6, evidence No. 7-1, 2, evidence No. 8-1 through 3, evidence No. 9-1, 13-2, evidence No. 14-1 through 3, evidence No. 15-1 through 10, evidence No. 17, evidence No. 15-1 through 10, evidence No. 2-1 through 9, evidence No. 3-1 through 4, evidence No. 4, evidence No. 9, evidence No. 10, and evidence No. 10, evidence No. 13-1 through 4, evidence No. 17, evidence No. 17, and testimony of He can be acknowledged as a whole during the oral proceedings of the court of first instance.

The Plaintiff is the implementer of the project in Jung-gu Seoul Special Metropolitan City (hereinafter “instant project”). The Plaintiff owned the land B and C (the above land is the land divided into D, and the above land is the land divided into E; hereinafter “instant land”) located in the instant project site, and owned the said land by installing a warehouse similar to a plastic greenhouse with steel pipe and tent, etc., as described in the attached Table list, and kept military outfits and building materials, etc. on the ground, as stated in the project approval and public notice of the project approval under Article 205-317 of the Ministry of Construction and Transportation (amended by the Ministry of Construction and Transportation No. 208-337 of July 22, 2008).

B. On September 10, 2009, the Central Land Tribunal accepted the project site including the instant land for the instant project, and had the Plaintiff transfer the goods listed in the separate sheet (hereinafter “instant obstacles”) on the instant land at the time, and rendered a ruling of expropriation with the purport that the compensation amount shall be KRW 1,735,640,020. Among them, according to the evidence No. 2 and evidence No. 3, according to Article 75(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

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