logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.14 2018가단5194265
부당이득금
Text

1. The Plaintiff:

(a) Defendant Republic of Korea KRW 3,736,480 and, as regards this,

B. The defendant Korea Land and Housing Corporation shall be 922.

Reasons

1. Facts of recognition;

A. Since July 23, 1985, B died on March 10, 2016 when the Songpa-gu Seoul Metropolitan Government 12496 square meters of forest land (hereinafter “instant land”) owned the instant share (hereinafter “instant share”), and D, E, F, G, H, and I (hereinafter “D, etc.”) jointly inherited the instant share and completed the registration of ownership transfer accordingly.

The Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) completed the registration of ownership transfer in the name of Defendant Corporation from D, etc. on January 19, 2018 due to the acquisition of land for public use on or around January 31, 2018.

B. around January 30, 1997, Defendant Republic of Korea completed the registration of transfer of ownership under the name of the above Defendant with respect to all of the instant land except for the instant shares, such as completing the registration of transfer of ownership under the name of the above Defendant on the ground of land expropriation on January 29, 1997, and thereafter occupied and used the instant land as a site for J-Housing Building.

On December 23, 2016, K Housing Site Development Project was implemented in a single unit, including the instant land, and Defendant Republic of Korea concluded a respective concession contract on December 29, 2016 with respect to the share of 3497/12496 out of the instant land, and on December 29, 2016, with respect to the share of 4405/62417520 out of the instant land.

Around February 23, 2017, the Defendant Corporation completed the registration of ownership transfer under the name of the Defendant Corporation with respect to each of the above shares, and succeeded to and used the possession of the instant land from that time.

C. D, etc. transferred to the Plaintiff the claim for return of unjust enrichment equivalent to the rent for the period from February 1, 2013 to January 31, 2018 with respect to the instant shares among the instant land, and notified the Defendants of the transfer by content-certified mail on March 2, 2018. This reached the Defendants around that time.

[Reasons for Recognition] Facts without dispute, Gap 1-4, 6, 7 evidence, Eul 1-1-2, Eul 2-2, the purport of the whole pleadings

2. Claims and judgments.

arrow