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(영문) 서울중앙지방법원 2014.08.13 2013가합73785
부당이득금 등
Text

1. The defendant Ansan-si shall pay 235,437,980 won to the Plaintiff and 5% per annum from November 15, 2008 to November 20, 2013.

Reasons

1. Basic facts

A. On July 8, 1974, the Plaintiff filed an application to implement an urban planning project (hereinafter “instant project”) that newly constructs 136 lots of 755-149, Gyeyang-dong, Gyeyang-dong, Ansan-dong, 755-149 (hereinafter “land location is indicated only by the lot number”) as a factory site. On November 7, 1974, the Plaintiff was permitted to implement the instant project on the condition that the ownership of the existing road and ditch site located in the instant project site is transferred from the Republic of Korea to the Defendant, instead of being transferred from the Republic of Korea, the ownership of the existing road and ditch site located in the instant project site is replaced by the construction of the said factory site, and instead, the ownership of the road site is reverted to the Defendant Republic of Korea.

B. On December 10, 1976, the Plaintiff, as an existing site for a road and a ditch located within the instant project site, notified the Defendant Ansan-si of specifying the land to be transferred by the Defendant’s Republic of Korea as the site for 12 lots, such as 42m2, 1314m2, 1314-2, 258m2, etc., and the road site for the portion of 3m3, among the new construction sites (hereinafter “instant road”), which will be reverted to the Defendant’s Republic of Korea, and completed the registration of ownership transfer with respect to each of the above land under the name of the Defendant’s Republic of Korea, including the aforementioned land to be reverted to the Defendant’s Republic of Korea. On January 7, 1977, the Plaintiff completed the construction of the existing factory site and the construction of the factory, and completed the registration of ownership transfer with respect to each of the above land under the name of the Defendant’s Republic of Korea on March 14, 1977.

C. However, the location originally planned for the instant road due to error in the survey occurred during the construction process.

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