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(영문) 의정부지방법원 2014.12.05 2014나1301
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The identification of the defendant of the judgment of the first instance.

Reasons

1. Return of unjust enrichment:

A. According to the Plaintiff’s assertion, the Plaintiff’s assertion was included in the road at the time of the construction work for building the Dosan-si, Gyeonggi-do, and the land was designated as the urban planning facility (ro category 2) as of May 11, 1979, and the Defendant, as of May 11, 1979, obtained the entire purport of pleadings and arguments as a result of the survey and appraisal by appraiser C of the first instance trial and appraiser C of the first instance trial, the land of this case was owned by the Plaintiff on April 23, 1994. The land of this case was incorporated into the road at the time of the construction work for building the Do-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T.

B. The defendant asserted that the land of this case was expropriated, and the land of this case was incorporated into the road at the time of the construction work for the road between urban and rural acquisition that was implemented by Gyeonggi-do around 1972. The Gyeonggi-do accepted the land of this case on November 2, 1972 through lawful expropriation procedure, and completed the compensation for losses by paying all the compensation for expropriation to Hansan Co., Ltd., the owner of the land of this case at the time.

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