logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2015.08.20 2014가합12272
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion was that the Governor of Jeollabuk-do requested the Defendant to relocate the previous poles, etc. established in order to build and expand roads within the site for an urban development project of the Gun, Gun-U.S. District (hereinafter “U.S. District Development Project”), which was publicly notified on July 16, 2010 by the Governor of Jeollabuk-do (hereinafter “U.S. District Development Project”), but the Defendant refused to bear the expenses, and the Defendant first paid KRW 464,211,320 to the Defendant for the installation of the main facilities

However, since the defendant has been exempted from occupation and use fees as roads included in urban planning facilities since before the project for the relocation of a new road, such as electric poles, etc., the expenses for relocation of electric poles, etc. installed on the relevant road shall be borne by the defendant in accordance with Article 77 of the former Road Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply) (see attached Table 1).

2.Where the purport of the entire pleadings is added to each description or image of Gap evidence 1 to 7, Eul evidence 1 to 3 (including paper numbers, hereinafter the same shall apply), the following facts are recognized:

1) On July 16, 2010, the Plaintiff publicly announced the development project of the Michuhol-gu under the Decree No. 2010-1769 of the Public Notice of Jeollabuk-do, and publicly notified the partial revision of the existing business details on October 28, 201 under the Ordinance of the Province Notice No. 2011-329 of the Province. The development project of the Michuhol-gu is a project that designates and develops an increase of 1,611 square meters by adding a square site from 862,684 square meters before the alteration to an urban development zone and its purpose is as follows:

A variety of classes and households contributing to balanced regional development through planned linkage and development with neighboring transportation districts through the creation of a reasonable urban space structure through proper public convenience and securing of urban infrastructure, shall be the direct creation of an environment-friendly city where residents can live together.

arrow