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(영문) 서울중앙지방법원 2018.11.08 2017가합590257
부당이득반환
Text

1. The defendant shall pay 1,672,54,00 won to the plaintiff and 15% per annum from January 12, 2018 to the date of full payment.

Reasons

Basic Facts

A. On August 5, 2008, the Plaintiff is a developer of the Songpa-gu Seoul Metropolitan City area subject to the designation and alteration of the planned housing site development area and the announcement of the approval of the housing site development plan as prescribed by the Ministry of Land, Transport and Maritime Affairs Notice No. 2008-393 of the Ministry of Land, Transport and Maritime Affairs on August 5, 2008. The Plaintiff is a developer of the housing site development project under the Housing Site Development Project site Development Plan (hereinafter “instant project”) under the Ministry of Land, Transport and Maritime Affairs Notice No. 2010-754 of the Ministry of Land, Transport and Maritime Affairs Notice No. 2010 of Nov. 3, 2010.

B. The land of this case (hereinafter “the land of this case”) is the State property incorporated into the instant project site, which is the land that the Defendant acquired ownership due to land expropriation on January 15, 1997. On August 5, 2016, the Defendant classified the land of this case as general property and changed the management office from the existing Ministry of Land, Infrastructure and Transport to the Ministry of Strategy and Finance.

C. In accordance with the implementation of the instant project, the Plaintiff requested the Defendant to have a consultation on gratuitous reversion of the instant land, the land category of which is the water supply site, on the ground that the Plaintiff installed new public facilities or installed facilities replacing the existing public facilities in the instant project site, and the Defendant refused a request for consultation on gratuitous reversion on the ground that the instant land is not subject to gratuitous reversion.

Accordingly, on June 26, 2017, the Plaintiff entered into a contract to sell the pertinent land in KRW 1,672,54,000 between the Korea Asset Management Corporation and the Korea Asset Management Corporation entrusted with the business of managing and disposing of the said land by Defendant on June 26, 2017, and paid KRW 1,672,554,00 to the Korea Asset Management Corporation on the same day. The Plaintiff completed the registration of ownership transfer on August 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and Eul evidence 2 are each numbers.

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