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(영문) 서울동부지방법원 2016.02.05 2015가단107893
부당이득금
Text

1. The defendant

A. (1) 502,178 won and a rate of 15% per annum from October 30, 2015 to the date of complete payment to Plaintiff A.

Reasons

1. Facts of recognition;

A. On July 27, 1973, the Plaintiffs completed the registration of the transfer of each co-ownership share on the ground of the inheritance on March 13, 1967 with respect to the land of Gyeyang-gu Incheon Gyeyang-gu, Incheon (hereinafter “instant land”).

B. In promoting the F Expansion Project, the Defendant received a public notice of the approval of the implementation plan as I for the Kimpo-Gun G (the change of administrative jurisdiction to Northbuk-gu, Incheon Metropolitan City on January 1, 1989), including the land in this case, on February 13, 1984 from Incheon Metropolitan City (the change of the name of the administrative district to Incheon Metropolitan City on January 1, 1989), H and 542 lots (the change of administrative jurisdiction to Gyeyang-gu, the change of the administrative jurisdiction to Gyeyang-gu, March 1, 1995).

The above authorization notice includes the land owned by the plaintiffs (including the plaintiff, and four co-inheritors) in the Gyeyang-gu Incheon Metropolitan City J (the land category of miscellaneous land on September 28, 2001) 4,325 square meters, K 2,893 square meters, and the land owned by the plaintiffs in total three lots, including the plaintiff).

C. On September 3, 1984, the Defendant purchased the remaining L and K 2 lots of land (hereinafter “the instant land”) except the instant land from the Plaintiffs, D and E, and completed the registration of ownership transfer under the Defendant’s name on September 5, 1984.

From the time of the public announcement of the above authorization, the defendant occupies the land of this case in the F site (the state of being created by the adjacent green belt of the runway inside the airport zone).

When the land of this case is incorporated into an airport, the present situation is the answer.

E. The amount of unjust enrichment equivalent to the annual rent for five years from October 20, 2010 to October 19, 2015 regarding the instant inheritance shares (based on the instant inheritance shares, “the answer”) is 2,008,710 won, and the rent after October 20, 2010 is ratified as KRW 34,360 per month.

Grounds for Recognition: Facts without dispute, Gap evidence 1 through 5, Gap evidence 7, Eul evidence 1 through 3, the result of appraisal of rent by appraiser M, and pleadings.

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