logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.06.11 2018나12745
부당이득금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer with respect to the portion of 222/280 among the roads Namwon-si B (hereinafter “instant roads”), which was due to the sale on April 13, 1962 by the Jeonju District Court No. 1446, which was received on April 13, 1962, such as the Southern District Court Branch of Seoul District Court (hereinafter “Seoul District Court”), and the registration of ownership transfer with respect to the portion of 58/280 among the instant roads due to the sale on April 2, 1962,

B. The current road category is a road, and the area is 417 square meters. This is divided into a road with 129 square meters (426 square meters) of the previous 280 square meters in Nam-si, Namwon-si, Seoul, on December 31, 197. On April 14, 1997, seven square meters in the above 426 square meters are divided into D in Namwon-si, Namwon-si, Namwon-si, and it is now brought about.

C. Around September 1975, Korea entered into the F Agreement with E and carried out G projects with a total of 409km (hereinafter “instant projects”).

The road of this case was also constructed as a road from August 20, 1976 to December 20, 1977 as it was incorporated into the project of this case (hereinafter referred to as the "H Corporation"). Since that time, the defendant occupies and manages the road of this case as a road from that time to that time.

피고는 원고로부터 이 사건 도로 중 49/280 지분[면적으로 계산하면 73㎡(≒ 417㎡ × 49/280)이 된다]을 협의취득에 의하여 매수하고 원고에게 토지보상금 23,688,500원(= ㎡당 감정평가액 324,500원 × 73㎡)을 지급하였는데, 등기부상으로는 전주지방법원 남원지원 등기계 2016. 2. 25. 접수 제3335호로 이 사건 도로의 원고 지분 222/280 중 일부(49/222 지분)에 관하여 2016. 2. 24. 공익사업을 위한 협의취득을 원인으로 한 소유권이전등기가 마쳐졌다.

Therefore, unlike the indication on the current registry, the actual owner of 231/280 shares of the road of this case is the plaintiff, and the owner of the remaining 49/280 shares is the defendant.

【Ground for recognition” has no dispute;

arrow