logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2014.08.13 2014가단2556
부당이득금
Text

1. The Defendant’s KRW 36,604,640 for the Plaintiff and KRW 5% per annum from November 26, 2013 to August 13, 2014.

Reasons

1. Basic facts

A. The Defendant (person in charge: the head of the Maritime Affairs and Fisheries Office) imposed the Plaintiff’s father B an amount of KRW 28,329,970 on the land use fee from January 1, 2000 to November 29, 2006 on the land use fee of KRW 516 square meters and D96 square meters (hereinafter “Defendant’s land”). As of November 20, 2013, the Defendant’s above amount of the claim, including the additional dues, is KRW 45,75,800, including the above amount of the claim as of November 20, 2013.

B. From November 30, 2006, the Plaintiff obtained permission for the use of State-owned property from the Defendant’s land and used it accordingly, and the Defendant failed to pay land usage fees. On January 26, 2012, the Defendant issued a disposition on default on the land of 580 square meters (hereinafter “instant land”).

C. Meanwhile, when the instant land was incorporated into a site for a public parking lot in the Gunsan City, the Plaintiff submitted a written claim for compensation and a letter of delegation for compensation received in blank at the Gunsan City on November 201, 2013 for the receipt of compensation for expropriation. On November 15, 2013, the Gunsan City, which calculated and notified the Defendant’s claim amount to the Maritime Affairs and Fisheries Office and requested the cancellation of the seizure of the instant land.

The head of the Maritime Affairs and Fisheries Office cancelled the seizure of the instant real estate on November 15, 2013, and notified the Defendant of the amount of the claim to KRW 46,819,550 on November 20, 2013. On November 26, 2013, the head of the Maritime Affairs and Fisheries Office received the said amount from the Gunsan Si and appropriated KRW 45,755,80 of the said amount for the land usage fee for B, 1,063,750 of the said amount, from November 30, 2013 to February 28, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1 through 7, Eul evidence 1 through 7 (including branch numbers in case of additional evidence), the fact inquiry of the military city of this court, the witness F's testimony, the purport of the whole pleadings

2. Determination

A. Although the Plaintiff did not have a duty to pay the land usage fee to the Defendant B, the public official of the Maritime Affairs and Fisheries Office having jurisdiction over the Plaintiff’s assertion shall also pay the Plaintiff’s debt.

arrow