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(영문) 창원지방법원 2017.08.24 2013가단83766
부당이득금반환 청구
Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. The conjunctive Defendant Republic of Korea 239,649 won to the Plaintiff.

Reasons

1. Basic facts

A. On October 10, 1980, the Plaintiff completed the registration of ownership transfer on the ground of the concession made on September 3, 1980 on the land of 857 square meters and C river 1,801 square meters.

B. In accordance with the provision of Article 25 of the Road Act on September 20, 200, Defendant Gyeongnam-do publicly announced the determination of a road zone (the alteration) with the content of incorporating the size of 20 square meters in the above B river No. 857 square meters, and 305 square meters in the above C river No. 1,801 square meters, among the aforementioned C river No. 1,801 square meters, for the purpose of four-lanes of road E-lanes among the State-funded local highway D.

C. State-funded local highway D (hereinafter “instant road”) is designated as national highway F on August 25, 2001.

On September 16, 2004, the Busan Regional Land Management Office publicly announced on September 20, 200, the determination of a road zone (the alteration) to include 20 square meters in a B river of 857 square meters and 305 square meters in a river of the above C river of 1,801 square meters as a road zone.

E. On September 5, 2006, the said B river was divided into a total of 857 square meters and a total of 17 square meters and a G river with a total of 840 square meters and a total of 1,801 square meters and a total of 1,371 square meters and H rivers, respectively.

F. On March 19, 2012, the Busan Regional Land Management Office published a public announcement of the determination of a road zone (the alteration) with the content that the land incorporated into the land as of March 19, 2012 is to be a G river of 17 square meters from the total area of 857 square meters in Yongsan-gu, Changwon-si B river of 857 square meters, and is to be a H river of 430 square meters from the initial C river of

G. As the project implementer of the instant H 430 square meters and the said G G 17 square meters (hereinafter “each of the instant land”) filed an application for adjudication of expropriation with the Central Land Expropriation Committee on the said H 430 square meters and the said G 17 square meters (hereinafter “each of the instant land”).

Accordingly, on August 10, 2012, the Central Land Expropriation Committee rendered a ruling of expropriation on October 4, 2012 against the plaintiff.

H. Defendant Gyeong-do completed the instant project on November 11, 2013, and transferred the road facilities to Defendant Gyeong-do.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 5 (including paper numbers).

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