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(영문) 창원지방법원 밀양지원 2018.10.12 2017가합10267
부당이득금
Text

1. Defendant B, C, D, E, F, G, H, J, K, L, M, N,O, P, Q, and R are paid by the Plaintiff the second expropriation compensation.

Reasons

1. Basic facts

A. In the late 1980s, the Plaintiff decided to incorporate each land indicated in the “land” column in the “land expropriation” column in the “The AJ river area,” and the “the “the first recipient” column in the “the first payment date” column in the same Table paid each corresponding money to the landowners listed in the “the first recipient” as compensation for river acquisition. B. The Plaintiff did not complete the registration of transfer of ownership in the Republic of Korea with respect to each of the above land. Since then, the Plaintiff did not complete the registration of transfer of ownership in the future of the Republic of Korea, each of the above land was transferred to the landowners listed in the “the second recipient” column, including Defendant S, T, U,V, X, X, Z, Z, AE, and AM due to inheritance, sale, etc.

The plaintiff mispercing that the compensation for losses for each of the above lands was not paid, and the remaining Defendants, etc. were re-paid each of the relevant amounts stated in the column of "the second payment date" in the attached table of the second payment and the claim amount sheet as compensation for river acquisition land.

C. Defendant S, T, U, and V are the successors of AK (Death on July 6, 2015), Defendant X, Y, and Z are the successors of the AL (Death on April 24, 2014), and Defendant AE and AF are the successors of the AM (Death on April 18, 2016).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 15 (including each number; hereinafter the same shall apply), Eul evidence 1, Eul evidence 1, 3, Eul evidence 1 to 13, the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendants, other than Defendant S, T, U,V, X, X, Y, Z, Z, AE, and AM, and AK, AL, and AM, from the Plaintiff around 1987 through around 1992, received compensation for losses in duplicate from the Plaintiff on the land of the river area for which compensation procedures for the previous landowners have already been completed, and around 201 and around 2013, barring special circumstances.

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