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(영문) 의정부지방법원고양지원 2017.08.30 2015가단86752
부당이득금
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Of each land listed in the separate sheet (hereinafter “each land of this case”), the Plaintiffs were originally 199 square meters in Gangseo-gu Seoul Metropolitan Government, and the area was 456 square meters in size, but was divided into 199 square meters in I Miscellaneous land and 257 square meters in J Miscellaneous land on April 9, 2007.

The children and daughters of the network C registered as the owner of the network C, and the network C died on May 23, 1994, and the plaintiffs and D inherited each of the lands of this case as the shares of 1/3.

B. The Seoul Metropolitan Government shall approve and publicly notify an implementation plan for an urban planning project with respect to the size of 5,150,543 square meters including each of the instant land in Gangseo-gu Seoul Metropolitan Government, including each of the instant land, for the implementation of the E Expansion Project on March 9, 1984 (hereinafter “instant expansion Project”), and publicly notify the implementation plan (Seoul Metropolitan Government Public Notification G), and the same year

5. 4. The details of authorization for an urban planning project implementation plan were modified and announced (H of the Seoul Special Metropolitan City public notice), and the land record attached to the public notice of modification to the above authorization are indicated with the parcel number, land category, area, etc.

C. Defendant Korea initially managed and operated E, and thereafter, the International Airport Management Corporation (the name was changed to the Korea Airport Corporation, the Korea Airport Corporation, and the Korea Airport Corporation) managed and operated it. After the Korea Airports Corporation was established under the Korea Airports Corporation Act enacted by Act No. 6607 on January 14, 2002, pursuant to Article 5(1) of the Addenda to the above Act, Defendant Korea comprehensively succeeds to the property and rights of the Korea Airports Corporation that managed and operated the above airport. Meanwhile, Defendant Korea has received movable property and real estate equivalent to airport facilities pursuant to Article 4(2) of the Korea Airports Corporation Act as investment in kind and is currently managing and operating the above airport.

On the other hand, each of the instant lands is currently being used as part of the E site and the outer road.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 9, Eul evidence No. 1, Eul evidence No. 1, Eul evidence and video Nos. 1 through 5 (including each number), oral argument.

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