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(영문) 전주지방법원 2015.04.07 2014가단18928
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In the past, the five natural village was located in the Donju-gun of Jeollabuk-do, but among which, “D” was included as “E village” and “G village”, the adjacent “F” was included as “H, I, and J village” (three Don-si villages are “H, I, and J village”).

In around 1987, the above "Yi-gun-gun, Jeollabuk-do" was incorporated into "Yi-gu, Chungcheongnam-gu, Seoul." An organization consisting of residents of the above "E Village" is the plaintiff, and an organization consisting of residents of the above "G village" is the defendant.

C. (1) The land of “Seoul-si Lbae-gu 2056 square meters” was originally owned by Nonparty M on May 24, 1987 by Nonparty M on the ground of sale (the former owner and seller N) and completed the registration of ownership transfer as of July 19, 198. On August 16, 1993, the registration of ownership transfer was completed in the Defendant’s future on the ground of “the donation as of August 9, 1993,” and thereafter on August 14, 2003, the land of “Seoul-gu Lba-gu 2056 square meters” was divided into 30 square meters in PJe-gu Y-si Ya-si Do, Jeonjin-si, Seoul-si, and 30 square meters in PJa-si Do-si 30 square meters in PJa-si 13, 203, respectively, according to the co-owned partition of co-owned property on August 13, 2003.

(2) Meanwhile, Nonparty Korea Land and Housing Corporation intended to acquire the instant land for Q urban development projects, and to pay KRW 85,305,000 to the Defendant upon the Central Land Expropriation Committee’s ruling, which had not been held after consultation with the Defendant, who is the title holder of the said land. The Defendant refused to accept the said payment, and the Defendant deposited KRW 85,305,00,00 as the previous Jeju District Court No. 547 on February 6, 2014, which deposited the said KRW 85,305,00 as the title holder of the said land.

After that, the Defendant paid the above deposit, and the registration of ownership transfer was completed on March 10, 2014 on the ground of “land expropriation as of February 11, 2014.”

(1) On January 1, 1978, Jinjin-gu L.

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