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(영문) 제주지방법원 2016.03.25 2014가단40212
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 42,841,205 as well as 5% per annum from March 11, 2016 to March 25, 2016;

Reasons

The Plaintiff purchased a land of 5,031 square meters (hereinafter “the land before the instant subdivision”) prior to Jeju-si on August 10, 197, and completed the registration of ownership transfer on August 19, 197.

On August 25, 197, the Plaintiff sold 751/300 of the above land to C and D on August 25, 197, and completed the registration of ownership transfer on the same day.

As a result, the Plaintiff's share in the above land became 1542/304.

On March 30, 1978, the land prior to the division of the instant land was divided into 2,483 square meters before E in Jeju-si. On January 18, 1980, the land was divided into 1,689 square meters and 417 square meters before G in Jeju-si.

In addition, on December 26, 1980, the land of this case was divided into the H 439 square meters prior to Jeju-si, and on the same day, the land of this case was divided into the G 393 square meters prior to Jeju-si.

The land category was changed on March 27, 1989 for the land of 1,689 square meters in Jeju-si, and the land category was changed on December 26, 1980 for H land and Jeju-si.

Attached Form

Each land indicated in the list (hereinafter referred to as “each land of this case”) was divided from each land before the partition of this case, but no registration procedure has yet to be completed.

On March 30, 1978, the land E, which was divided from the land of this case, was replaced by K at Jeju on March 30, 1978 in accordance with the plan for the land readjustment project district of J district.

Around 1978, the Defendant carried out the L business (hereinafter “instant business”). On March 30, 1978, the construction department’s announcement was modified and the plan was announced, the Defendant prepared a draft document stating that he will set the compensation for the implementation of the pertinent business and implement the business with the consent of the owner.

According to the above document, 2,94 square meters of land 5,031 square meters prior to the instant partition shall be included in the subject of expropriation, which is subject to compensation.

Since then, on June 8, 1978, the construction division of the defendant (in that time, Jeju-do) has been expropriated by the plaintiff.

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