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(영문) 광주지방법원 2017.08.04 2017가단506740
부당이득반환청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project in the area of 12-1 square meters in the north-dong, Gwangju Metropolitan City (hereinafter “instant project zone”).

B. On June 19, 2013, the head of Gwangju Metropolitan City North Korea north-gu project implemented a housing redevelopment project in the instant project area (hereinafter “instant rearrangement project”) by designating the Plaintiff as the project implementer, and publicly announced the project as Seoul Metropolitan City North-gu public announcement under Article 2013-64 on the same day.

(A) Evidence No. 7) (c)

On July 29, 2014, the head of Gwangju Metropolitan City North Korea North Korea approved a management and disposition plan concerning the Plaintiff’s instant improvement project.

(A) No. 8, D.

Around June 29, 2015, the Defendant notified the Plaintiff of the period of unauthorized occupation from October 23, 2014 to July 19, 2015 on the ground that the Plaintiff occupied and used State property located within the instant project zone (hereinafter “instant State property”) without permission during the process of implementing the instant rearrangement project, and the Plaintiff paid full indemnities of KRW 14,922,970 for the State property of this case on August 7, 2015.

(A) Evidence No. 3, 4, 1.e. (Evidence No. 1)

Around May 10, 2016, the Defendant notified the Plaintiff of the imposition of indemnity (19,053,370 won) for the period of occupation without permission from July 20, 2015 to April 19, 2016, on the ground that the Plaintiff occupied and used the pertinent State property without permission, and notified the Plaintiff of the imposition of indemnity (19,053,370 won) for the period of occupation without permission from April 20, 2016, when concluding a loan agreement with respect to the pertinent State property from April 20, 2016 (Evidence 5) that annual rent was KRW 23,207,30 (Evidence 5), and the Plaintiff paid indemnity KRW 19,053,370 and annual rent KRW 23,20,670 in total (i.e., KRW 19,053,370,300).

(B) On April 20, 2016, the Plaintiff and the Republic of Korea entered into a loan agreement (hereinafter “instant loan agreement”) between the Plaintiff and the Republic of Korea for five years from April 20, 2016 (Evidence 6) (Evidence 2), and the Defendant around February 2, 2017.

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