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(영문) 인천지방법원 2014.12.23 2014가합53864
부당이득금
Text

1. The defendant shall pay 27,520,000 won to the plaintiff and 20% per annum from June 3, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On April 25, 201, the Plaintiff obtained the designation of a project implementer and authorization of an implementation plan of the Incheon Metropolitan City Urban Planning Facility Project (hereinafter “Road Project”) (hereinafter “Road Project”), publicly notified by the Seo-gu Incheon Metropolitan City Notice No. 2011-19, which was publicly notified, for the designation of a project implementer and implementation plan of the Urban Planning Facility (hereinafter “Road Project”) around the Incheon Family District, and obtained authorization of each implementation plan (amended) on December 6, 201 and September 10, 201 and September 16, 2013.

B. The Defendant was included in the instant project district at the time of each authorization was granted for the “2014 Asian Games Construction Project” (hereinafter “instant stadium Project”). However, the Plaintiff paid to the Defendant totaling KRW 227,520,000 for compensation for the acquisition by consultation and completed the registration of ownership transfer in the Plaintiff’s name on January 20, 2014, for the land actually used as ditches, roads, and roads (sections) among the said land (hereinafter “instant land”).

C. The plaintiff and the defendant may file a lawsuit, etc. against the plaintiff or the defendant after concluding a preferential sale contract and paying compensation, depending on different opinions from the plaintiff and the defendant, as to the compensation for the land subject to a special agreement at the time of the contract for the acquisition by agreement (hereinafter "the contract of this case") of the land of this case (hereinafter "the contract of this case").

'' describe the contents.

The area of the land category in the location of the Plaintiff is the same as the date of the registration of ownership transfer in the name of the Defendant on the date of the registration of ownership transfer, the part of the paddy-gu Incheon Special Metropolitan City, 137-12, Seo-gu, 1379/660/679/10 on January 8, 2010, part of the paddy-gu, 679/679/679/10 on November 29, 2014 (the part of the ditch). 3,60,600,502, Seo-gu Incheon Special Metropolitan City, 195-16 and part of the ditch on April 22, 2012, 107/1122, 137-15/1122 (d) of the relevant part of the road, and the part of the Seo-gu Special Metropolitan City, 2015/115/122 (d) of the Act No. 1385, Dec. 15, 2015, 20198

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