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(영문) 서울중앙지방법원 2015.01.15 2014가합553301
부당이득금
Text

1. The Plaintiff; Defendant Military Mutual Aid Association KRW 1,325,631,837; Defendant Co., Ltd. KRW 747,869,637; and

Reasons

1. Basic facts

A. On December 6, 2004, the Governor of the Gyeonggi-do designated an urban development zone and the development plan (the Gyeonggi-do public notice C) with respect to the land B in Suwon-si District as an urban development project implementer for the said land (hereinafter “A”) by the Gyeonggi-do Governor.

(2) On December 3, 2010, on December 5, 2006, after obtaining authorization of a land substitution plan (U.S.D.) from the KU market, the KU market obtained authorization of a land substitution plan (U.S.D.) on November 26, 2010 (U.S. E.) (2) The KU market published a land substitution disposition (hereinafter “instant land substitution disposition”) at the request of A.S. on December 3, 2010 (F.).

3) A union decided to pay to the Plaintiff 3,634,91,190 won, total 3,104,641,630 won, total 304,641,630 won, and total 469,630 won, and total 3,388,000 won per 1 kilogram for the remaining 789.38 square meters, among 7,000 square meters of land G in Suwon-si, which is located within the said project zone due to the authorization for changes in the above land substitution plan and the disposition of replotting. The Plaintiff decided to pay the Plaintiff as liquidation money the amount of KRW 3,38,00,000,000 for the remaining 789.38 square meters, and the Plaintiff shall pay the Plaintiff the amount of KRW 469,69,691,190, which is corresponding to the shortage of land substitution for the land of two parcels, other than H-si, si-si, 2011.

7. 14. 500,000,000 each was paid as part of the above settlement money.

B. A. The Plaintiff’s registration of ownership preservation and the Plaintiff’s provisional attachment execution, etc. 1) The A. Union shall each land listed in paragraphs 31 through 33 of the attached Table (hereinafter “instant land”) following the disposition of land substitution as above, and the same shall be collectively referred to as “each land of this case.”

(2) On December 10, 2010, the Plaintiff completed the registration of ownership preservation on the land of substitute land (including land in recompense for development outlay and reserved land) including substitute land (including land in recompense for development outlay) by the Suwon District Court’s registry office (No. 176162).

A. When the liquidation money mentioned in paragraph 3 is not paid, it is part of the liquidation money to the Suwon District Court.

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