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(영문) 의정부지방법원 2018.01.24 2016가단37242
부당이득금 반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Korea Electric Power Corporation installed the transmission towers and the transmission lines on L, etc. at the Namyang-si in 2000 (hereinafter “instant business”).

B. On November 200, the Korea Electric Power Corporation paid KRW 300 million (hereinafter “instant subsidy”) to the joint account of Defendant B, C, D, and E, a representative of Muri Village, under the pretext of supporting Muri residents’ accommodation business, in order to resolve civil petitions by residents of the Namyang-si (hereinafter “Mri”) arising in connection with the instant business.

C. On October 24, 2000, as part of the subsidies of this case, N 330 square meters (hereinafter “the purchase land of this case”) were purchased on December 9, 200, and the ownership transfer registration was made under the joint name of five village representatives on December 9, 200. On May 20, 2004, there was approximately KRW 220 million, selling the above land to O, and there was a profit from the market price of KRW 40 million.

At the time of the payment of the instant subsidy, the Plaintiff was holding 1/2 shares of the P land located near Linyang-si in which the said transmission tower and the transmission line are installed, and became a sole owner by acquiring the remaining 1/2 shares of July 30, 2004.

In addition, on July 15, 1996, the Plaintiff completed the move-in report to Pro-si, Namyang-si, which started to live in the above ground house from that time, due to cadastral division, etc., and maintained the resident registration after making the move-in report to Q Q on April 12, 1999. On September 30, 200, the resident registration was made due to the Defendant B’s non-resident registration without permission due to the Defendant B’s non-resident confirmation as of September 30, 200, and the ex officio cancellation was re-registered on May 21, 2001.

E. On December 29, 2016, G, five village representatives, died on December 29, 2016, and jointly succeeded to Defendant F and his/her children, Defendant H, I, J, and K’s property.

[Ground of recognition] The facts without dispute, Gap 1 through 4, 10, and 11, the fact inquiry results against the Korea Electric Power Corporation of this Court, the purport of the whole pleadings

2. The parties' assertion

A. Five members representing the village of the plaintiff.

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