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(영문) 대법원 2014.10.30 2014다44932
부당이득금반환
Text

The judgment below

Among them, the part of the claim for return of unjust enrichment for the period after April 13, 2005 is reversed, and this part is applicable.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. With respect to the occurrence of the right to claim restitution of unjust enrichment and the acquisition of ownership of a building site, the lower court determined as follows: (a) on September 10, 1997, the Republic of Korea completed the registration of ownership transfer with respect to B-J 373.8 square meters (hereinafter “instant land”); (b) the Plaintiff was entrusted with the authority to manage and dispose of the instant land from the Republic of Korea pursuant to Article 26(1)8 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation; and Article 42 of the State Property Act and Article 38 of the Enforcement Decree of the same Act; and (c) on June 1, 1987, the Defendant purchased D-J building of the instant land on the same day on which the area of the actual building site is 55.4 square meters or more, and completed the registration of ownership transfer with respect to the instant building site on the same day; and (d) on August 25, 1999, the Defendant recognized that the aforementioned right to occupy and manage and dispose of the instant land.

Furthermore, the lower court, based on Article 5 of the Act on Special Measures for the Disposal of Specific Buildings (amended and promulgated by Act No. 3719, Dec. 31, 1983 and enforced June 30, 1985; hereinafter “Specific Building Act”), issued a certificate of completion inspection to each of the above buildings from the head of Seoul Special Metropolitan City Mayor, pursuant to Article 5 of the said Act, which was completed around June 20, 1970 by the said F and D buildings.

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