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(영문) 대구지방법원 2017.11.29 2016가단129896
부당이득금
Text

1. The defendant has against the plaintiff B 14,985,60 won, the plaintiff A, C, D, E, F, and G respectively 9,90,400 won and each of the above amounts.

Reasons

1. At the time of October 13, 1951, the Plaintiffs’ decedent I (hereinafter “the deceased”) received from the Minister of Agriculture and Forestry a reimbursement certificate of 120 square meters (4 square meters; hereinafter “the instant forest”) of the Daegu Suwon-gu J forest under the Farmland Reform Act, 66 square meters before K, and 5,685 square meters before L, in accordance with the Farmland Reform Act.

I completed the registration of ownership transfer on the ground of the completion of repayment on April 11, 1955 with respect to the forest land of this case and the above K and each land of this case on February 27, 1957. On July 1, 1959, after entering into a sales contract with the State on July 1, 1959 and completed the registration of ownership transfer on July 9, 1959.

On the other hand, the country transferred the ownership of the above K and L to M organization on May 5, 1964 on the ground of the investment in kind on December 31, 1963, and the defendant (the former trade name: N & O) purchased each of the above land from M organization on February 21, 1969 and received the ownership transfer on February 24, 1969.

On May 2, 1987, the above L 18,450 square meters was combined with P 562 square meters on May 2, 1987, and the area was 26,66 square meters.

The Defendant prepared an implementation plan pursuant to Article 88 of the National Land Planning and Utilization Act as the implementer of the project for the extension of the convenience and management facilities of urban planning facilities, announced it pursuant to Article 91 of the same Act, and consulted with the owners for the acquisition and transfer of the land, etc. to be incorporated into the said project, but did not reach an agreement on the grounds of “location of location, lack of compensation, etc.”, and applied for adjudication to the Daegu Metropolitan City Regional

On June 2, 2015, the Daegu Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on July 15, 2015 with regard to nine parcels of land including the instant forest land and the obstacles located on the ground.

The compensation for the instant forest land was KRW 144,11,00, and the Defendant deposited the said compensation with the Daegu District Court 2015Hun-4851 on July 15, 2015, and thereafter was transferred the ownership of the instant forest land on July 16, 2015.

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