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(영문) 제주지방법원 2020.06.09 2019가단69034
부당이득금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) is against the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 28, 1967, the deceased K (the deceased on July 11, 1973, hereinafter “the deceased”) completed the registration of transfer of ownership on the ground of “trade on November 24, 1967,” with respect to “the mother land of this case” (hereinafter “the mother land of this case”).

B. The land category of the instant J land was changed to a road as the land category of the said J land was changed to a road on September 4, 1969 by dividing it into Land 27 Land 25 Land J on September 4, 1969, and the said J land became the land of this case following the conversion of the area unit.

C. After the death of the deceased, the Plaintiffs, who were the wife M and children, succeeded to the deceased’s property. On October 31, 198, the deceased’s deceased on October 31, 198, and finally the Plaintiffs’ inheritance shares are the same as the entry in the “share in inheritance” column of the attached inheritance shares.

Around November 18, 1969, the Defendant carried out the Nex Project (hereinafter “instant project”). Around November 18, 1969, the Defendant’s employees stated that “on November 6, 1969, the Plaintiff would deposit the compensation with the court in accordance with the Land Expropriation Act if the Plaintiff would receive the compensation by November 20, 1969, as shown in the attached Form, for the land and the house compensation in conflict with the instant project, according to the Jeju-do Land Expropriation Committee’s ruling on November 6, 1969.” The said notice stated that “the receiver’s owner K, the land compensation amounting to 490,000, and the house compensation amounting to 50,375 won.”

E. On November 20, 1969, the Defendant’s employee drafted a draft document stating that “The Defendant’s employee notified that he will receive compensation according to the judgment of the instant project, but failed to receive it, thereby intending to disburse compensation in order to deposit compensation to the Jeju District Court.” The Defendant’s employee drafted the draft document stating “owner K, Land Compensation 490,000 won, and Housing Compensation 50,375 won” (hereinafter “instant draft document”).

F. If the instant land is based on the premise that the land category is 'the building site' at the time of incorporation into a road, it shall be from August 9, 2014 to August 8, 2019.

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