logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.17 2016가합509506
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 2015, the Defendant entrusted the Korea Highway Corporation with the affairs of compensation for land to be incorporated into a site for DD Corporation projects (hereinafter “D Corporation”), and acquired each of the lands owned by the Plaintiffs (hereinafter “each of the instant lands”) through consultation according to the procedure prescribed in the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

B. Plaintiff A was the owner who completed the registration of ownership transfer on January 16, 2013 with respect to the land of 123,606,000 square meters in total for each of the above land on March 5, 2015. On March 6, 2015, Plaintiff A entered into a sales contract to sell each of the above land to the Defendant for KRW 123,606,000 in total, and completed the registration of ownership transfer on March 6, 2015 for each of the above land by consultation with the Defendant.

C. On January 13, 2014, Plaintiff B entered into a sales contract with the Defendant to sell each of the above lands in total amount of KRW 45,99,810 on March 10, 2015, and completed the registration of ownership transfer on each of the above lands subject to consultation with the Defendant on each of the above lands.

Plaintiff

C was an owner who completed the registration of ownership transfer on August 3, 1970, with respect to the land of 581 square meters in the Guri-si I, J bank 61 square meters, K bank 314 square meters, and L bank 185 square meters, respectively. On March 4, 2015, a sales contract was concluded to sell each of the above land to the Defendant for KRW 193,264,950 in total, and completed the registration of ownership transfer on each of the above land by consultation with the Defendant on each of the above land.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 to 11 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Each land of this case alleged by the plaintiffs is constructed from around 1967 to around 1972 by the Han River, a national river, “M” (N: N).

arrow