Text
1. The Defendant’s refusal to refund KRW 184,213,710 to the Plaintiff on June 12, 2014.
Reasons
1. Details of the disposition;
A. Overcheon-si, B, and three parcels owned by the Plaintiff (hereinafter in this case’s land) were located in the natural green area, which is the initial development restriction zone, but was selected as the first cancellation zone, and the development restriction zone was revoked by Gyeonggi-do’s public notice C on May 30, 2005 and changed to the first general residential area.
B. After that, the instant land is incorporated into the “GB Preferential Cancellation Project within the GB Area” district, and the compensation consultation was conducted pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor according to the notification of the compensation plan and the notification of the public announcement in the Overcheon City around May 2007. In the course of the compensation consultation, it is deemed that the instant land was released from the development restriction zone and the alteration into the Class I residential area for the instant public works, without considering the fact that it was made for the direct purpose of the instant public works, and without considering the fact that the development restriction zone was made for the instant public works, it presented KRW 981,021,00 after assessing the value of the instant land based on the status before the cancellation of the development restriction zone. The Plaintiff accepted the said compensation set up at the Jungcheon City and the ownership transfer registration was completed in response to the purchase. As to the compensation, the Plaintiff paid the transfer income tax for the instant land
C. However, with respect to the land adjacent to the instant land, the Plaintiff filed a lawsuit seeking restitution of unjust enrichment against Sincheon-si as the Plaintiff and other land owners who responded to negotiations, including the Plaintiff, based on the assessment of the state of cancellation of the development restriction zone based on the price of KRW 2,430,00 per square meter.
In the first instance court of the lawsuit, the above consultation was legally cancelled due to mistake, and as well as the transfer registration of ownership with respect to the land of this case, the Sincheon-si returned the compensation money from the Plaintiff.