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(영문) 대전지방법원천안지원 2020.08.20 2020가단105582
부당이득금
Text

1. The Defendant: (a) KRW 87,200,000 for the Plaintiff and 1.8% per annum from November 8, 2016 to March 14, 2017; and (b) March 15, 2017 for the Plaintiff.

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation and the Defendant implemented the housing site development project of the astronomical Zone C (hereinafter “instant housing site development project”) on the land of Dong-gu, Dong-dong, Dong-dong, Dong-dong, Fdong, and Dong-dong from 2006 to 2009.

B. On October 23, 2015, the Plaintiff purchased 1, 838.7 square meters (hereinafter “instant land”) located within the instant housing site development project zone from H and completed the registration of ownership transfer in his/her name on or around December 29, 2015.

C. On January 14, 2016, the Plaintiff obtained a construction permit to construct a building of three underground floors, nine-story business facilities, and one-class neighborhood living facilities (hereinafter “instant building”) on the instant land from the astronomical market.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-3 (including a provisional number), the purport of the whole pleadings

2. On March 25, 2016 in the construction process of the building of the building of this case, the Plaintiff was imposed a disposition of KRW 88,43,850 on the same day by the Defendant on the same day. However, the above disposition is null and void due to a serious defect. As such, the Defendant is obligated to pay to the Plaintiff the amount calculated by each of 5% per annum under the Civil Act from the payment date to the delivery date of the copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Determination on unjust enrichment claim equivalent to the amount borne by waterworks charges

A. Examining the facts of recognition as to Gap evidence Nos. 4, 2, and 3 in addition to the overall purport of the pleadings, the head of the Yan-si clean Water Business Bureau, the Defendant’s affiliated organization, imposed and notified the Plaintiff of KRW 87,200,00 on the charge of water supply burden on the building of this case (hereinafter “instant disposition”), and the Plaintiff paid the said charge on November 7, 2016.

B. The instant disposition is made.

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