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(영문) 의정부지방법원고양지원 2020.11.11 2019가단86187
부당이득금
Text

1. The Defendant’s KRW 2,027,751 as well as 5% per annum from July 25, 2019 to November 11, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On March 9, 2002, the Plaintiff purchased B forest land No. 9,933 square meters (hereinafter “instant forest”) and completed the registration of ownership transfer in the Plaintiff’s name.

B. In order to implement national defense and military installations projects (purchase of private land for the use of the armed forces in the area) the Defendant shall expropriate the forest of this case by determining the starting date of expropriation as August 7, 2019, and completed the registration of ownership transfer in the name of the Defendant on August 8, 2019.

C. 1) On July 17, 2008, the Plaintiff filed a State compensation application with the Defendant for the possession of the instant forest without permission at the District Compensation Council of the first instance under the Defendant’s control. From 1980 to 1980, the said Compensation Council recognized the fact that the 9th YY unit, a military unit under the Defendant’s control, used a total of 2,913 square meters of the instant forest land as a dust/base, and occupied it without permission, from February 111, 2009 (the amount of damage caused by illegal possession from July 17, 2003 to July 16, 2008). The said Compensation Council determined the compensation of KRW 10,919,410 (the amount of damage caused by illegal possession) (hereinafter “the first compensation decision”).

(2) On September 23, 2014, the Plaintiff filed an application for compensation with the Defendant for the possession of part of the instant forest land without permission at the District Compensation Council of the First Group under the Defendant’s control.

In 202, the Compensation Council established the fact that the Plaintiff acquired the ownership of the forest of this case from the Plaintiff to the 2,913 square meters of the forest of this case and occupied it without permission by installing a tactical road, etc. among the forest of this case. On November 14, 2014, the said Compensation Council determined compensation for damage 8,777,905 won (the amount of damage caused by unauthorized occupation from September 23, 201 to September 22, 2014).

On November 27, 2014, the Plaintiff filed an application for reexamination with the Special Compensation Council of the Ministry of National Defense against the decision of the said Compensation Council. However, on February 27, 2015, the said Special Compensation Council rendered a decision to compensate the Plaintiff for KRW 8,777,905, the same as the said Compensation Council.

hereinafter referred to as "2."

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