logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.11.28 2016나3760
부당이득금
Text

1. The payment shall be made below among the part of the judgment of the court of first instance against M, N,O, Q, R, X, AB, AC, AF, AG, AH, AJ, and AK.

Reasons

1. The scope of the judgment of this court and the plaintiffs in the judgment before remanding P, T, V, W, Y, Z, and AE (hereinafter "the plaintiffs in the judgment before remanding") filed a claim for restitution of unjust enrichment against the defendant. The judgment of the court of first instance dismissed both the plaintiffs in the judgment before remanding and the plaintiffs in the judgment before remanding.

Accordingly, the plaintiffs and the plaintiffs of the trial prior to remand appealed part of the part against the plaintiffs, and the court prior to remanded part of the part against the plaintiffs, and ordered the defendant to pay each money and the damages for delay in the amount of compensation for delay prior to remand [Attachment], and dismissed each appeal by the plaintiffs of the trial prior to remand.

As to this, the plaintiffs and the defendant appealed before the remanding of the case, and the Supreme Court reversed the part of the judgment against plaintiffs N,O, Q, R, R, AA, AB, AC, AF, AF, AH, AH, AJ, and M and X from the judgment before remanding of the case, and remanded it to each court. The plaintiffs' appeal before the remand of the case and all appeals against the plaintiff M and X against the plaintiff et al. were dismissed.

Accordingly, the part of the plaintiffs' claim before remand is separated by the judgment of the Supreme Court and finally confirmed. Accordingly, the scope of the judgment of the court before and after the remand is limited to the part of the plaintiffs' claim.

2. Basic facts

(a) Determination of urban planning facilities (road) and authorization of implementation plans, etc. 1) The Defendant is a project for construction of the C Expressway (D Tools) with the width of 35m to 44m and the extension of 4,235m (hereinafter “instant project”) of Geumcheon-gu Seoul Metropolitan Government Nowon-gu Seoul Metropolitan Government, where the Plaintiffs’ housing is located and the housing is located.

(2) The C Expressway to be constructed as the project in this case is determined as the E-ro Urban Planning Facility (Road) on May 30, 2002, and the G implementation plan was approved on November 13, 2008 by the Seoul Special Metropolitan City public notice on November 13, 2008 and on November 28, 2008, and on March 12, 2009, part of the land in the project area I public notice of the Seoul Special Metropolitan City public notice on March 12, 2009 and April 2, 2009.

arrow