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(영문) 부산고등법원 (창원) 2018.10.11 2018나10008
토지인도
Text

1. Of the judgment of the court of first instance, the part on the delivery of land to the defendant and the claim for return of unjust enrichment shall be reduced by this court.

Reasons

1. The court's explanation on this part of the basic facts is based on No. 1 of the reasoning of the judgment of the first instance.

A. 3) Paragraph 3 is the same as the corresponding part other than those cut off as follows. As such, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. Since 3), the instant project was converted into a Bogeumjari housing development project as publicly notified by the Ministry of Land, Transport and Maritime Affairs on October 27, 2009 under Article 48 of the former Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 10238, Apr. 5, 2010), Articles 12 and 17 of the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 12251, Jan. 14, 2014; hereinafter referred to as the “Special Act on the Construction of Public Housing, etc.”) and was converted into a public housing zone as publicly notified by the Ministry of Land, Transport and Maritime Affairs on December 16, 2011.

2. Return of unjust enrichment:

A. The Defendant, on the ground of the real estate listed in [Attachment 1] List 4 through 9 (hereinafter “instant land”), has planted or owned the trees and obstacles listed in the attached Table 3 (hereinafter “the instant trees, etc.”) on the ground; on June 25, 2015, the Central Land Expropriation Committee: (a) accepted the instant land, etc. for the instant project; (b) transferred the obstacles on the ground; and (c) decided on August 18, 2015 to the effect that the date of the expropriation shall be August 18, 2015; (d) accordingly, the Plaintiff deposited the real estate price determined by the expropriation ruling for the instant land owner; and (e) deposited the transfer expenses determined by the expropriation ruling for the Defendant, who is the owner of the instant land, for the Defendant, who is the owner of the above-mentioned land, and completed the registration of ownership transfer under the Plaintiff’s name on each of the instant land due to the expropriation on August 18, 2015.

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