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(영문) 서울중앙지방법원 2016.11.09 2016가단5040210
부당이득금
Text

1. Defendant Republic of Korea shall pay to the Plaintiff KRW 21,222,642 as well as 2.5% per annum from February 1, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Seoul Jung-gu Forest Land B and 4,810 square meters (hereinafter “instant partitioned land”) was designated as “development restriction zones” under the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) and “land transaction contracts permission area” under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

B. On March 8, 2011, the Plaintiff obtained a building permit from the head of Jung-gu Seoul Metropolitan Government (hereinafter “head of Jung-gu”) to construct a sports facility (e.g., a sports facility of the size of 2 stories above ground, the building area of 741.4 square meters, and the total floor area of 913.48 square meters on the land prior to the instant subdivision (hereinafter “instant building”). On March 8, 2011, the head of Jung-gu, who is delegated by the Defendant Republic of Korea to manage the instant land prior to the instant subdivision, imposed KRW 39,457,650 of the preservation charges pursuant to Article 21(1)2 of the Development Restriction Zone Act on the Plaintiff on March 8, 2011 when granting the building permit for the instant building, and the Plaintiff paid additional charges, including January 31, 2012, the preservation charges imposed (hereinafter “instant charges”).

C. Next, on March 16, 2011, the Plaintiff purchased 4,480 square meters of the instant land before subdivision (hereinafter “instant land”) with the approval of a land transaction contract with regard to the purpose of its use as “direct operation for four years after the construction of a sports facility” and purchased 4150 percent of the instant land before subdivision, and completed the registration of ownership transfer on March 18, 201.

On August 25, 2011, the instant land prior to the subdivision was subject to registration conversion into 4,659 square meters for C forest land in Jung-gu, Seoul on August 26, 201 and on September 26, 2011, and was divided into 4,303 square meters for C forest land in Jung-gu, Seoul, and 330 square meters for D forest land, 19 square meters for E forest land, and 7 square meters for F forest land.

E. On the other hand, on June 5, 2012, the implementation plan was approved for the public-private partnership project on the Guri-Yeocheon Highway.

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