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(영문) 부산지방법원 동부지원 2018.11.29 2017가단214611
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) 56,484,00 won and 15% per annum with respect thereto from August 21, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On April 1, 1957, the Plaintiff registered ownership transfer on the land object with respect to the land object and completed the ownership transfer registration on April 1, 1967, as to the land in Busan Shipping Daegu C, Busan, 1,096 (hereinafter referred to as “land before division,” and the land mentioned below belongs to the same administrative district. Thus, the administrative district is omitted to Busan Shipping Daegu).

B. On May 30, 1961 (short-term 4294), the superintendent of the Office of Education of Busan City filed a non-taxation report with the head of the Dong Tax Office on the 39 square meters of the land before the division into B for a road project (short-term 4294), the land category of the land before the division into B, and the unit conversion of B-road 129 square meters into a road into a horizontal distance on June 20, 197, which was divided into a road (hereinafter “instant land”).

C. On December 15, 1961, the Plaintiff divided and sold the remaining part of the instant land in the land before subdivision (hereinafter referred to as “ residual land”) into F on December 29, 1961. On April 1966, the Plaintiff changed the land category of the remaining land from “the answer” to “the substitute,” and sold all G formed on a road by dividing it into about 17 parcels over several occasions from around 1970 to around 1970.

As of the date of closing argument of this case, the land owned by the Plaintiff is only H. land of this case being used as a road.

The location and shape of the land partitioned from the land before the subdivision, including the instant land, shall be as follows:

H

E. The instant land was determined as urban planning facilities (road) on December 20, 1972, but still remains as unexecution urban planning facilities until now.

F. The rent assessed as the answer, which is the land category before incorporation into the road of this case, is as listed in the table No. 1 below, and the rent assessed as a private road is as listed in the table No. 2 below.

1 The appraisal report from March 27, 2018 was deemed to be “the preceding” and evaluated as “the preceding”.

The expected value of the basic land at the base point of time is the annual rent for monthly rent of 33,852,00 won on September 12, 2012; KRW 2.5% on 696,00,000 on September 12, 2012; KRW 8,352,00 on September 12, 2013; KRW 2.5% on September 349,074,000 on September 12, 2013; KRW 8,724,00 on September 12, 2014.

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