부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 5, Gap evidence 9, Eul evidence 9 and 10, the purport of the whole pleadings);
A. On June 28, 2007, Seoul Special Metropolitan City made a public announcement of the designation of an urban development zone and the formulation of a development plan (Seoul Metropolitan City public notice E) with the content that a project operator shall implement the D Urban Development Project (hereinafter “instant project”) with a project operator as the Seoul Special Metropolitan City SH Corporation (hereinafter “instant construction”).
B. On Nov. 6, 2008, the Corporation announced the relocation measures (No. 51 of the above public announcement) including the following: “The Corporation shall grant to a person who owned or cultivated farmland of a size as stipulated in Article 3 of the Enforcement Decree of the Farmland Act, which is the base date for the relocation measures, and has lost his means of livelihood, a person who was deprived of his means of living and has been able to be supplied with shares below 16.5m2 in the relevant district, such as share certificates of sale in lots or commercial land, to the person who voluntarily relocated.”
C. On February 26, 2007, the Defendant had installed facilities necessary for agricultural production, such as plastic houses with a size of not less than 330 square meters, located in the instant project district, in Songpa-gu Seoul Metropolitan Government, and was selected as a person subject to livelihood measures (person subject to compensation for agricultural loss) in accordance with the aforementioned relocation measures, by recognizing that the Defendant cultivated and cultivated agricultural products, etc. in the said project district.
On January 10, 2013, the instant construction project supplied 669 persons eligible for livelihood countermeasures by dividing the commercial area of 19,809 square meters into five areas G or H. However, the instant construction project supplied the said commercial area to a cooperative composed of persons eligible for livelihood countermeasures who are not individuals subject to livelihood measures, and announced the commercial land supply guidance by the association supplied with such commercial land to implement new construction projects, including commercial areas.
(e) purchase commercial land in the project district of this case around August 201.