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(영문) 광주지방법원 2017.08.29 2016가단516023
부당이득금
Text

1. As to KRW 46,871,50, and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 46,871,50, and KRW 26,871,40.

Reasons

1. Basic facts

A. The Plaintiff is the executor of the Plaintiff’s B business (hereinafter “instant business”), and the Defendant was the owner of the Gwangju Dong-gu Seoul metropolitan area (hereinafter “instant land”) and the toilets, warehouses, air bags, etc. on the ground of the land incorporated into the instant business district (hereinafter “instant obstacles”).

B. The Plaintiff consulted with the Defendant to acquire the instant land and obstacles to be incorporated into the instant project district, but failed to reach an agreement, filed an application for adjudication of expropriation with the Central Land Expropriation Committee. On October 7, 201, the Central Land Expropriation Committee decided to expropriate the instant land and obstacles as KRW 341,962,750, and the date of commencement of expropriation as of November 30, 201.

C. On November 28, 2011, the Plaintiff deposited KRW 341,962,750, a sum of compensation for losses due to the ruling of expropriation with the Defendant as a depositee, as the Gwangju District Court Decision No. 9198 in 2011.

On December 7, 2011, the Plaintiff completed the registration of ownership transfer on the instant land based on the expropriation on November 30, 201.

E. The defendant Na

On March 16, 2012, the Central Land Expropriation Committee filed an objection against the adjudication of expropriation of the instant land, and the said Committee dismissed the filing of an objection against the instant land.

F. The Defendant dissatisfied with the above judgment on the instant land and filed a lawsuit against the Plaintiff seeking the increase of compensation under the Gwangju District Court 2012Guhap1921, and the Gwangju District Court rendered a judgment dismissing the claim for the increase of compensation for the instant land on May 23, 2013. Of the above judgment, the part regarding the claim for the increase of compensation for the instant land was dismissed and finalized in the appellate court (No. 2013Nu101) and the final appeal (No. 2014Du8674) respectively.

G. The Defendant’s land and the instant land from July 22, 2016 to the eviction of the instant land after the said adjudication of expropriation was rendered.

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