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(영문) 광주지방법원순천지원 2015.06.19 2014가단74142
부당이득금
Text

1. The Defendant: (a) against Plaintiff A, KRW 15,731,525, Plaintiff B, C, and D, KRW 573,902, and each of the said amounts.

Reasons

1. Basic facts

A. E purchased each real estate listed in the separate sheet No. 1 on July 8, 193 and completed the registration of ownership transfer. On March 11, 2014, the Plaintiff completed the registration of ownership transfer on October 14, 1958 on each of the above real estate due to inheritance by consultation and division as of October 14, 1958.

B. F purchased each real estate listed in separate sheet Nos. 1 through (4) on July 17, 1937, and completed the registration of ownership transfer on November 22, 1921, and the registration of ownership preservation on each real estate listed in separate sheet Nos. 5 through (7) on November 22, 1921. The Plaintiffs completed the registration of ownership transfer for each real estate listed in separate sheet No. 2 on March 11, 201 by reason of inheritance due to a split-off as of October 26, 201.

C. The land category of each real estate listed in the separate sheet Nos. 1 and 2 was used as a road for the general public’s passage. However, on December 27, 2005, the Defendant publicly announced the authorization of the implementation plan for the project of the leisure urban planning facilities (road) for the “H Delivery Construction Work” in the daily area of G land when the land including each real estate listed in the separate sheet Nos. 1 and 2 in the separate sheet was located.

Although the Defendant requested E, F, etc., which was registered as the owner of each real estate listed in the separate sheet Nos. 1 and 2 at the time, to proceed with the compensation consultation procedure for each of the above real estate incorporated into the “H India Construction Work”, it appears that the consultation procedure was not completed and that EF died, etc.

On April 20, 209, E and F sent to E and F an official letter stating that “The request for compensation on several occasions has been made, but the consultation has not been made until April 20, 2009, resulting in an obstacle to the implementation of the project.” The request for compensation was made by May 10, 2009, with the required documents prepared by the date of the request for re-consultation, to respond to the consultation.”

Even after the fact that the defendant did not reach an agreement on compensation, the defendant started the delivery construction work on each real estate listed in the attached Tables 1 and 2, and around September 2012.

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