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(영문) 수원지방법원안산지원 2015.10.29 2014가합21400
부당이득금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 655,96,355 won and 607,317,000 won among them shall be from April 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the implementer of the instant project, designated and publicly notified as a housing zone C with the Ministry of Land, Transport and Maritime Affairs’ announcement.

B. On September 2, 1995, Defendant A completed the registration of transfer of ownership with respect to the E factory site 11,061 square meters (hereinafter “the instant building”) on September 22, 1995 with respect to the 11,061 square meters of E factory site located in the instant project site, the prefabricated-type prefabricated-type roof of the instant land (hereinafter “instant land”) 757 square meters in a single-story-type factory, the prefabricated-type prefabricated-type prefabricated-type prefabricated-type roof, the 131.37 square meters in a single-story-story-type factory, and the 109.78 square meters in a two-story-dong Gabrobro, the second-story-type Gabro, the two-story-type

Defendant B completed the registration of ownership transfer with respect to the instant land on October 11, 2003.

C. On January 18, 2013, the Central Land Expropriation Committee rendered a ruling to expropriate the instant land for the instant project, stating that “the Plaintiff shall expropriate the instant land for the project, determine compensation for losses at KRW 11,240,741,250, and set the starting date of expropriation on March 13, 2013.”

Furthermore, on February 22, 2013, the Central Land Tribunal rendered a ruling to accept the instant building and obstacles, which read that “the Plaintiff shall accept the instant building and obstacles for the instant project, determine compensation for losses at KRW 3,083,826,200, and set the starting date of expropriation as April 17, 2013.”

The plaintiff paid each of the above compensation for the land, buildings, and obstacles of this case to the defendants prior to the commencement date of each of the above expropriations, and the defendant Eul received the compensation for the above compensation for the land of this case, and the defendant A reserved objection and received the above compensation for the building of this case and obstacles.

After acquiring the ownership of the instant land, Defendant B permitted Defendant A to use the instant land as the site for the instant building, the construction of obstacles, and the storage place, and Defendant A occupied and used the instant land, buildings, and obstacles from around that time to April 28, 2015.

The Defendants delivered the instant land, buildings, and obstacles to the Plaintiff on April 28, 2015.

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