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1. The Defendant’s KRW 323,424,408 and its annual rate from June 3, 201 to September 8, 201, and the following.
Reasons
1. Basic facts
A. The Seongdong-gu Seoul Metropolitan Government 1 is the real estate owned by the Republic of Korea and the Plaintiff is entrusted with the management and disposal of the instant land pursuant to Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act.
B. On April 20, 2001, the Defendant issued a public notice of the authorization of an implementation plan for an urban planning project (road) with respect to the road construction project (road) between 1 and 656-142-6506, including the instant land, from March 19, 203, started road construction work from March 19, 2003, completed the construction work on November 14, 2003, and up to the present day.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, and 4, the purport of the whole pleadings
2. Occurrence of obligation to return unjust gains;
A. According to the above facts of recognition, the defendant occupied the land of this case owned by the plaintiff as a road site and obtained without any legal grounds corresponding thereto, and thereby suffered damages equivalent to the amount of the plaintiff's damages. Thus, barring any special circumstance, the defendant is obligated to return the profits the plaintiff acquired.
B. As to this, Articles 99 and 65 (4) of the former National Land Planning and Utilization Act (amended by Act No. 6916 of May 29, 2003; hereinafter “National Land Planning Act”) Articles 99 and 65 (4) of the National Land Planning and Utilization Act (Reversion of Public Facilities, etc.) Article 65 of the National Land Planning and Utilization Act shall apply mutatis mutandis to a case where an implementor of an urban planning project or a road management agency installs new public facilities or public facilities replacing the existing public facilities by an urban planning facility project.
In such cases, "when the completion inspection is completed" in Article 65 (5) shall be published in accordance with Article 98 (4) where the operator is the Minister of Construction and Transportation or the Mayor/Do Governor when the completion inspection is completed.