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(영문) 대전고등법원 2015.07.16 2014나11442
부당이득금
Text

1. Of the judgment of the court of first instance, the payment order under the following Paragraph 2 is against the Defendants.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 4, 5, 8, 11 (including those with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 4, 6, 7, 18, Eul evidence Nos. 1 through 4, 6, 7, and 10, and the overall purport of the pleadings:

(1) The Plaintiff was established on January 1, 2005 pursuant to the Korea Railroad Corporation Act (amended by Act No. 7052 of Dec. 31, 2003) and each land listed in attached Table 1 (hereinafter “each land of this case”) from around that time.

(2) On October 1, 2009, the Defendant Corporation merged with the Korea National Housing Corporation and succeeded to the project operator status of the Asan-gu Housing Site Development Project designated as a planned area for housing site development (hereinafter “instant housing site development project”) on September 27, 2002, and comprehensively succeeds to the rights and obligations of the Korea National Housing Corporation, such as succeeding to the project operator status of the Asan-gu Housing Site Development Project (hereinafter “instant housing site development project”).

(B) The Korea High-Speed Construction Authority (1) acquired the ownership of each of the instant lands as indicated below by the Korea High-Speed Construction Authority (2) the Korea High-Speed Construction Authority (2) acquired the ownership of each of the instant lands as indicated below.

On September 2, 1996, the land indicated in Annex 1 List No. 1 List No. 1 on September 11, 1996 on September 11, 1996, which was the date of the registration of the transfer of land ownership, indicated in Annex 1 List No. 1 List No. 2 on September 5, 1993, the land indicated in Annex 2 List No. 1 List No. 1 on September 5, 1993, which was acquired through consultation, on September 12, 1996, in Annex 3 List No. 1 List No. 4 on September 5, 1996, the land indicated in Annex 1 List No. 51 on September 11, 1996, which was acquired through consultation, on October 196, 196, the land indicated in Annex 1 List No. 1 List No. 1 on September 16, 197

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