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(영문) 서울중앙지방법원 2014.11.20 2014가합532922
부당이득금
Text

1. The Defendant’s KRW 456,662,739 among the Plaintiff and KRW 100,000 among them, shall be KRW 356,62,739 from May 28, 2014, and KRW 356,62,639.

Reasons

1. Basic facts

A. On March 23, 1978, the Defendant concluded a contract with Nonparty B to establish a superficies with the purport of owning a building and a structure for the purpose of laying a Gun with respect to land for the purpose of owning a building and a structure for the purpose of laying a Gun with respect to land for Pyeongtaek-si C, C, 32,003 square meters (hereinafter “instant land”) (hereinafter “instant superficies”). From March 23, 1978, the term of the land is 30 years from March 23, 1978.

Since then, on the land of this case, the Suwon District Court received the registration of creation of superficies of this case on April 11, 1978 by Law No. 9872, which was received on April 11, 1978.

B. On May 4, 1978, the Defendant granted the instant land to the United States Armed Forces in Korea in accordance with the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea.

C. As to the instant land, the Plaintiff received the registration of ownership transfer based on sale on December 30, 1974 from the Suwon District Court Sejong District Court Decision No. 36196, Nov. 6, 1984, as to the instant land. Since then, the Plaintiff is the owner of the instant land.

On February 21, 2008, the Defendant requested on March 22, 2008 that the period of creation of superficies on the instant land should be terminated as part of March 22, 2008. If the land is not used for the purpose of national defense and military installations before the expiration of the contract period of the newly established superficies, the Defendant sent a public notice to the effect that the Plaintiff will immediately cancel the superficies and take measures to prevent any problem in the exercise of property rights.

However, the agreement between the defendant and the plaintiff on the re-establishment of superficies was not reached, and the duration of the superficies of this case was expired, and the registration of creation of superficies of this case was cancelled on June 17, 201.

E. The USFF used the instant land as D’s site without installing a signboard informing the entrance of the instant land to the entrance and exit of the instant land by the closing date of the instant argument.

Grounds for Recognition: Facts without dispute, Gap evidence 1 to 4, and Eul evidence 1 and 4;

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