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Reasons
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(영문) 서울고등법원 2015.07.01 2015나2210
부당이득금
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1. The defendant's appeal is dismissed.

2. The total costs of the lawsuit that occurred after the appeal shall be borne individually by each person.

3. After remand.

Reasons

1. Scope of trial of this court after remand;

A. The Plaintiff filed a claim for unjust enrichment of KRW 425,216,00 and delay damages from March 19, 2003 to December 31, 2008 on the ground that the Defendant occupied the instant land without permission. The court of first instance accepted the claim for unjust enrichment of KRW 323,424,408 and its delay damages from June 3, 2005 to December 31, 2008, and dismissed the remainder of the claim.

Therefore, only the defendant appealed against the part of the judgment against him, but the defendant's appeal was dismissed before the remand.

B. The defendant appealed again, and the Supreme Court reversed the part against the defendant in the judgment prior to the remand, and remanded this part to this court.

Since the plaintiff reduced the claim in the trial after remand in accordance with the purport of the judgment of remand, the scope of the trial of this court shall be limited to the claim that the plaintiff reduced in the trial after remand.

2. Basic facts

A. Article 4(4) of the former State Property Act (wholly amended by Act No. 9401, Jan. 30, 2009) (amended by Act No. 9401, Jan. 30, 2009) provides that miscellaneous property owned by Seongdong-gu Seoul shall be defined as all State property other than administrative property and preserved property.

Article 6 (3) of the State Property Act, amended by Act No. 9401 on January 30, 2009, changed its name to general property.

The plaintiff is an institution entrusted with the management and disposal of the land of this case pursuant to Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act.

B. On April 20, 2001, the Defendant issued a public notice of the authorization of an implementation plan for an urban planning project (road) with respect to the road construction project (road) between 1 and 656-142-6506, including the instant land, and completed the road construction project on March 19, 2003, and completed the construction project on November 14, 2003 (hereinafter “the instant road construction”).

[Ground of recognition] A.

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