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(영문) 서울중앙지방법원 2017.10.13 2016가합522905
부당이득금
Text

1. As to KRW 26,354,249,190 among the Plaintiff and KRW 19,083,698,000 among the Plaintiff, the Defendant shall start on November 6, 2015, and KRW 3,008,561.

Reasons

1. Basic facts

A. On September 21, 2007, the Plaintiff implementing a housing site development project for the Yangjucheon District is the executor of the housing site development project for Yangjucheon District, for which the approval of the housing site development plan for Yangju District was obtained on September 21, 2007 as prescribed by Notice of Ministry of Land, Transport and Maritime Affairs No. 2008-680 on December 1, 2008, and the approval of the implementation plan for the housing site development project was obtained on January 6, 2014 as prescribed by Notice of Ministry of Land, Transport and Maritime Affairs No. 2014-946 on January 6, 201.

Attached Form

Each land indicated in the list (hereinafter referred to as “each land of this case”) was incorporated into the project area of this case as State property in accordance with the above project plan.

B. The Plaintiff filed a request for free reversion with the Korea Rail Network Authority, which is the managing authority of each of the instant lands, by asserting that each of the instant lands falls under a railroad site, which is a public facility, and is subject to gratuitous reversion under the Housing Site Development Promotion Act and the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). However, the Korea Rail Network Authority did not comply with the request on the ground that it falls under the closed line site.

C. The Plaintiff’s compensatory acquisition Plaintiff requested a consultation with the Korea Rail Network Authority for free reversion, but intended to comply with the schedule of the instant project that the Korea Rail Network Authority did not comply therewith, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on February 1, 2016, under the separate sheet Nos. 11 through 61, and the separate sheet Nos. 11 through 23, and the Defendant completed the registration of ownership transfer in the name of the Plaintiff on each of the above real estate as to each of the land listed in the separate sheet No. 11 through 23, Nov. 27, 2015, and 4,261,989,90 won on December 24, 2015, and the separate sheet No. 1. 1.1.

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