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(영문) 수원지방법원평택지원 2014.09.19 2013가합2780
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,463,463 and the interest rate of KRW 20% per annum from May 2, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a project implementer of Pyeongtaek-si D General Industrial Complex Development Project, Pyeongtaek-si, one of which is Pyeongtaek-si B and C.

In the project district, there are 8,956 square meters of Pyeongtaek-si F Forest land jointly owned by the Defendant and E in shares of 1/2 (hereinafter “instant forest”). The Defendant occupied the entire forest of this case and operated an orchard at that place while occupying the entire forest of this case.

B. On December 20, 2011, the Plaintiff completed the registration of ownership transfer for 1/2 shares out of the instant forest land due to consultation.

C. The Plaintiff accepted 1/2 shares of the remainder of the Defendant in the instant forest in accordance with the adjudication of expropriation made on July 24, 2012 by the Gyeonggi Local Land Expropriation Committee (the date of commencement of expropriation; September 21, 2012; hereinafter “instant adjudication of expropriation”), and completed the registration of ownership transfer for Defendant 1/2 shares due to expropriation on December 31, 2012 after depositing the compensation for expropriation.

On the other hand, on December 20, 201, the Plaintiff completed each trust registration with respect to E’s portion of E’s portion among the instant forest land on December 20, 201, and on December 31, 2012, on December 31, 2012.

E. On July 2013, the Plaintiff acquired the right to claim restitution of unjust enrichment from the Korea Trust (State)’s unauthorized possession from the Defendant, and notified the Defendant of the transfer of the right to claim restitution of unjust enrichment by the delivery of the copy of the instant complaint served on behalf of the Korea Trust (State) as of August 7, 2013, on behalf of the Korea Trust (State).

F. On November 20, 2013, the Plaintiff filed a lawsuit against the Defendant seeking the delivery of 1/2 shares out of the instant forest land, and received a favorable judgment of the Plaintiff (this court 2013Gahap1466), and the Defendant appealed.

In the appellate trial on March 12, 2014 between the Plaintiff and the Defendant, the conciliation was concluded between the Plaintiff and the Defendant that “the Defendant shall deliver to the Plaintiff the shares of 1/2 of the forest land in this case and the ground obstacles.”

(Seoul High Court 2013Na80650). G. On the other hand, the plaintiff.

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