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(영문) 인천지방법원부천지원 2016.01.08 2015가단113653
부당이득금
Text

1. The Defendant’s KRW 47,362,00 for the Plaintiff and KRW 5% per annum from September 14, 2012 to September 23, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a local government, which is the principal agent of the road construction work between B, and the Defendant is the owner of the instant land, who completed the registration of ownership transfer as to D 119 square meters of the Defendant’s spouse net C (Death on May 31, 2002) due to the division of inherited property (hereinafter “instant land”).

B. The instant land was originally part of 1,296 square meters prior to E, and was divided into 1,177 square meters prior to E on May 15, 1984 into the instant land and E.

C. On August 13, 1983, the Plaintiff included 201 square meters of 1,296 square meters in a road site between F, and around that time notified the owner C of the circumstances calculated under the Act on Special Cases Concerning the Acquisition of Land for Public Use and Compensation for Loss, which was in force at the time.

Accordingly, on October 12, 1983, C filed a claim for KRW 218,085 (the Plaintiff appears to have claimed an amount equivalent to 70% of the total assessment compensation in accordance with the Plaintiff’s guidelines) for the expected compensation for land to be incorporated into the Plaintiff, and the Plaintiff paid the compensation to C on the same day.

(G) The name “G” in the name of the owner of the instant land or the recipient of the compensation for the instant land written by the Plaintiff at the time and entered into the road site purchase ledger appears to be a simple clerical error in the form of “C”. After the confirmation survey, the Plaintiff decided to include only 119 square meters, which is a part of the instant land, out of the 201 square meters of the area originally incorporated into the road site as a road site between F, and recovered KRW 33,635 of the compensation from C around February 1985.

As above, on September 11, 2012, the Plaintiff concluded a contract for compensation for losses concerning the instant land (hereinafter “instant contract”) by setting the compensation amount of KRW 47,362,000 under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, on the grounds that the instant land was incorporated into a road site B with excessive payment of compensation, and paid the Defendant KRW 47,362,00 as compensation.

[Grounds for recognition] A(1) through (2)

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