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(영문) 창원지방법원 2015.09.03 2014가단83268
부당이득금
Text

1. The Defendant’s KRW 88,569,980 for the Plaintiff and 5% per annum from October 9, 2014 to September 3, 2015.

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in accordance with Gap evidence 1 to 9, together with the whole purport of the pleadings.

A. On September 11, 1989, the Defendant, a corporation established for business purposes, such as the development of electric resources and the transmission of electric power resources, installed one electric poles (hereinafter referred to as “the electric poles of this case”) with permission for occupation and use on the south-gu road of 353-4,106 square meters wide from Chang-gu, Chungcheongnam-gu, Seoul Metropolitan Government (Road Management Office, Changwon-si), and was exempted from the road occupation and use fees.

B. The Plaintiff is a corporation established with the aim of facilitating road maintenance and contributing to the development of road traffic by conducting projects related to the construction and management of roads.

On April 16, 2012, the Ministry of Land, Transport and Maritime Affairs (hereinafter the Ministry of Land, Transport and Maritime Affairs changed to the Ministry of Land, Transport and Maritime Affairs, and the Ministry of Land, Transport and Maritime Affairs (hereinafter the Ministry of Land, Transport and Maritime Affairs) approved the implementation plan for public-private partnership projects on the second-time Busan New Port, which is the closing point of the Busan Sea Highway at the time of the Busan Sea and the Busan Sea, and the project implementer designated the project management authority as the plaintiff and the project implementer as the corporation after Busan Sea.

C. According to the business plan of Busan New Port No. 2 (hereinafter referred to as the “instant road”), the instant road among the southwest-ro, has passed by crossing approximately 6 to 7 meters above the airspaces in the part where the instant former owner is installed, and it was necessary to relocate the instant utility poles for the said construction.

On August 19, 2014, the Plaintiff paid KRW 88,569,980 to the Defendant on August 19, 2014, on the premise that the subject of the transfer construction cost of this case was settled later, and that the Plaintiff paid KRW 88,569,980 to the Defendant.

2. The defendant's judgment on the defense of this case is the operator of the private investment project in Busan New Port No. 2, and the plaintiff is not the management agency of the road of this case.

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