beta
(영문) 수원지방법원성남지원 2015.07.24 2014가합207531

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

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 noticeF) with the content that the project implementer is a project implementer as the Seoul Special Metropolitan City SH Corporation (hereinafter “instant construction”) on the size of 548,313 square meters of Songpa-gu D Daywon as a Seoul Special Metropolitan City EH 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.”

B. Since February 26, 2007, Defendant B was selected as a person subject to measures for living (person subject to compensation for losses) in accordance with the above relocation measures, on the grounds that Defendant C installed facilities necessary for agricultural production, such as a plastic house with a size of not less than 330 square meters, located in the instant project district prior to February 26, 2007, in Songpa-gu H and I located in the instant project district prior to February 26, 2007.

C. On January 10, 2013, the instant construction project supplied 669 persons subject to livelihood countermeasures by dividing the commercial area of 19,809 square meters into five commercial areas from 8-1 to 5-5. However, the instant construction project supplied the commercial area to a cooperative consisting of those subject to livelihood measures who are not individuals subject to livelihood measures, and announced the commercial area supply guidance in a way that the said association supplied the commercial area can implement new construction projects, such as commercial areas.

In order to purchase commercial land in the project district of this case around August 201.