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(영문) 수원지방법원안양지원 2016.12.15 2015가합2251
부당이득금반환
Text

1. The Defendant’s KRW 237,070,00 for the Plaintiff and KRW 5% per annum from January 10, 2015 to December 15, 2016.

Reasons

1. Basic facts

A. The Defendant owned B forest land B, 302 square meters (hereinafter “instant land”). However, the instant land was located in a natural green area, which is a originally restricted area for development, but was selected as a preferentially cancelled area on May 30, 2005, and was revoked by the Gyeonggi-do Public Notice C and changed to a Class I general residential area.

B. The instant land is the Plaintiff’s “D Business” (hereinafter “instant public works”).

(i)be incorporated into the Area and the compensation consultation was conducted on May 2007 in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

The Plaintiff evaluated the land of this case as the answer according to the current state in the process of compensation consultation, and the cancellation of development restriction zones on the land of this case and the alteration to a Class 1 residential area are deemed to have been made directly for the public works of this case, without considering this, the Plaintiff assessed the value of the land of this case on the basis of the condition before development restriction zones are cancelled, and notified the Defendant of the criteria for determination of such compensation, and presented compensation calculated as KRW 785,00 per square meter according

C. The Defendant accepted the compensation KRW 237,070,000 as presented by the Plaintiff according to the above criteria and responded to the consultation (hereinafter “instant purchase agreement”), and the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on October 23, 2007 on the land of this case due to the consultation on October 23, 2007.

After all, the Defendant assessed the value of the instant land on the basis of the condition before the development restriction zone was cancelled, even though the compensation for the instant land was assessed on the basis of the condition before the development restriction zone was cancelled.

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