Article 741 of the Civil Act, Article 46 of the Land Expropriation Act, Article 57-2 of the same Act, Article 4 of the Public Compensation for Loss, Article 2 of the Enforcement Rule of the same Act, Article 6-2 of the Enforcement Rule of the same Act

Plaintiff

Busan Metropolitan City

Busan District Court (88Gadan24126)

1. Revocation of the original judgment;

2. The defendant shall pay 608,988 won to the plaintiff.

3. The costs of the lawsuit shall be borne by the defendant in both the first and second instances.

4. Paragraph 2 can be provisionally executed.

The same shall apply to the order.

In full view of the facts that the land owned by the plaintiff at 23 square meters in Busan-dong 354-11, Busan-dong 354-11 (hereinafter referred to as the "land in this case"), there is no dispute between the parties concerned, and evidence Nos. 2-1, 2 (Notice of Payment of Compensation), evidence Nos. 3 (Notice of Payment of Compensation), evidence Nos. 1 and 3 (Notice of Payment of Compensation), evidence Nos. 2-2 (Notice of Payment of Compensation), the court below's on-site inspection, and the purport of the oral argument as a result of the survey and appraisal of the highest grade of 9.3 meters in Busan-dong 363-2, Busan-dong 363-2, 80 meters in the rear part of the land in this case, the defendant cannot, as part of the urban planning project on March 1, 1985, return the land in this case to the plaintiff, as part of which the plaintiff had an obligation to use the land in this case's five meters in width and 84 meters in width.

However, according to the reasoning of the judgment below, the plaintiff's allegation that the above land was divided into 54 square meters to 357 square meters or about 10 square meters, and that the above land was divided into 47 square meters or about 57 square meters, and that the above land was divided into 47 square meters or about 47 square meters or about 10 square meters, 5 square meters or about 47 square meters (the above land was divided into 47 square meters or about 94 square meters or about 94 square meters, 40 square meters or about 94 square meters or about 94 square meters, 60 square meters or about 94 square meters, 60 square meters or about 94 square meters (the above land was divided into 5 square meters or about 94 square meters). Thus, it cannot be deemed that the plaintiff's claim that the above land was divided into 5 square meters or about 94 square meters and about 94 square meters (the above land was divided into 194 square meters or about 97 square meters). 14.

Therefore, the defendant is obligated to pay the plaintiff 608,988 won of the above unjust enrichment. Thus, the plaintiff's claim of this case is justified, and since the original judgment is unfair with its conclusion, it is decided to cancel this decision and order the payment of the above amount. It is so decided as per Disposition by applying Articles 96 and 89 of the Civil Procedure Act and Article 6 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings with respect to the declaration of provisional execution.

Judges Kim Jong-si (Presiding Judge)