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(영문) 서울중앙지방법원 2017.09.14 2015가합542957
부당이득금
Text

1. The Defendants are as follows: each money recorded in the “personal fee” column of the attached Table 1 attached hereto to the Plaintiff and each of them.

Reasons

1. Basic facts

A. On March 6, 2004, the Plaintiff purchased 6,616/42,975/42,975/616 of forest land B 42,975/3, and completed the registration of ownership transfer on July 27, 2004.

B. After that, on August 11, 2004, the above land was subject to registration conversion with C Forest No. 42,975 square meters in Sung-si on the same day, and 53 persons, including the Plaintiff and the Defendants, were co-owned on the same day.

C. On June 15, 2006, part of the above co-owners filed a lawsuit for partition of co-owned property against other co-owners as Suwon District Court 2006Kahap10920, and on March 27, 2007, the court rendered a judgment that the land of this case shall be owned by the plaintiff, including the forest land of this case hereinafter referred to as "each land of this case"), and the above judgment became final and conclusive on June 12, 2007.

However, according to the purport of the above judgment, the Plaintiff did not complete the registration of ownership transfer with respect to each of the instant land.

After that, the Korea Water Resources Corporation filed an application for adjudication of expropriation with the Central Land Expropriation Committee on the surrounding land including each of the instant land while implementing G development projects in the whole zone of each of the instant land. On December 14, 2012, the Central Land Expropriation Committee rendered a ruling of expropriation on the basis of ownership relationship on the register of each of the instant land.

E. On January 24, 2013, when the Plaintiff paid compensation without completing the registration of ownership transfer in accordance with the judgment on partition of co-owned property by Suwon District Court Decision 2006Gahap10920, the Plaintiff filed a civil petition with the purport that the compensation for each of the instant lands would be paid to another person, but the deposit and payment of compensation would be suspended.

In January 28, 2013, the Korea Water Resources Corporation suspended the payment of compensation for losses to persons to be adjudicated on expropriation before the date of the payment, but asked the court to deposit before February 6, 2013, which is the starting date of expropriation.

(f) On February 6, 2013, the Korea Water Resources Corporation deposited compensation for losses due to the expropriation ruling and on March 6, 2013.

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