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(영문) 서울고등법원 2015.07.10 2014나2021982

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 6, Gap evidence 7-1, 2, Gap evidence 8-1 through 3, Gap evidence 9, Eul evidence 11 (the evidence No. 2 is the document extracting part of Gap evidence No. 11), Eul evidence 4-1, 2, and the fact inquiry result of the fact inquiry conducted by the court of the first instance on April 27, 2015.

1) The Plaintiff was amended by Act No. 9511 on March 20, 2009 to “Special Act on the Construction, etc. of Bogeumjari Housing” under the former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 8852, Feb. 29, 2008; “Special Measures for the Construction, etc. of National Rental Housing” under the Act No. 9511, Jan. 14, 2014; and each Act was amended by Act No. 12251, Jan. 14, 2014;

hereinafter referred to as the “Gu Public Housing Construction Act”

(A) Pursuant to the provisions of Articles 5 and 11, 436,017.6 square meters (hereinafter referred to as “instant project district”) of Sinpo-si, Sinpo-si, Sinpo-dong, and Seogdong-dong.

As to August 4, 2005, the Ministry of Construction and Transportation announced publicly on August 4, 2005 (hereinafter “instant approval of the execution plan”) approving a development project for a national rental housing complex under Article 205-247.

(2) On May 7, 2010, the project of this case was a project implementer of the project to create a housing complex under Article 48 of the former Special Act on the Construction, etc. of Bogeumjari Housing (amended by Act No. 10764, May 30, 201) and was approved to change the district plan into a housing complex development project on June 29, 2012.

B. Division 1 of the valley-dong land located in the instant project district in Gunpo-si (hereinafter “former 895-8 Land”) is a 895-8m2, 1,017m2 (hereinafter “former 895-8 Land”).

on April 29, 2008