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(영문) 수원지방법원안산지원 2016.02.24 2015가단102200
부당이득금
Text

1. The Plaintiff:

A. The Defendant Mine-si shall pay KRW 15,320,341 and the interest rate thereon from March 11, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Republic of Korea filed a lawsuit against the Republic of Korea as Seoul Central District Court Decision 2013Da50850, stating that “The respective lands of this case were owned by the Plaintiff’s father B. Nevertheless, since the Republic of Korea completed the registration of preservation of ownership of each of the lands of this case without any legal cause, the registration of preservation of ownership of each of the lands of this case should be cancelled as to each of the lands of this case,” the Republic of Korea filed a lawsuit against the Republic of Korea as to the registration of preservation of ownership of the Republic of Korea’s respective lands of this case.”

On February 10, 2014, the above court rendered a judgment to accept all the plaintiff's claims, and the above judgment became final and conclusive on February 27, 2014.

(3) On April 22, 2014, the Plaintiff, based on the above judgment, completed the registration of the preservation of ownership in its own name as to the portion of the instant land (i) and (ii) each of the land (i) 2326319878650/368316061410. (ii) The Defendants and the Defendant Mine-si approved the alteration of the implementation plan for the instant land (i) and (ii) the land, etc. before subdivision pursuant to the Urban Planning Act on March 4, 1993; and (iii) the said land was created as a road; and designated as a City/Do.

2) Defendant Pyeongtaek-si: (a) performed the construction of water supply and drainage pipes on the instant land (3) from 2008 to 2009; and (b) performed the construction of re-exploiting road, central line, and leading-down construction on the instant land. (c) Accordingly, each of the instant land is being used as a road until the date of closing argument in the instant case.

C. Classification of the amount equivalent to the rent for each of the instant lands from January 21, 2010 to January 20, 2015 from January 21, 2015 to March 6, 2015, from March 7, 2015, KRW 1,623,160 per month, KRW 41,770 per month, KRW 27,847, ② KRW 6,55,880 per month, KRW 168,70, KRW 168,70 per month, KRW 112,471, KRW 32,05,90 per month, KRW 52,272, KRW 34,848 per month, and KRW 1,029, KRW 352, KRW 266.

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