beta
(영문) 서울중앙지방법원 2012.05.10 2011가합80017

부당이득금반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 18, 2004, RJ was designated as an urban development project zone (title: S urban development zone) under the Urban Development Act, and the approval of the development plan was publicly announced (Seoul Special Metropolitan City Notice T), and the defendant was designated as an implementer of the above urban development project (hereinafter “instant project”).

B. On March 17, 2005, the Defendant, in the process of implementing the instant project, intended to specially supply U apartment houses to be developed within the instant project zone (hereinafter “instant apartment houses”) to those who lost their means of living due to being incorporated into the instant project zone and the land, etc., and announced the criteria for the relocation measures to those eligible for special supply of the said apartment. The main contents of the announcement are as follows.

A public announcement of the criteria for the relocation measures for S urban development zones: A person who has been continuously residing in the relevant house from the base date to the date of concluding a compensation contract or the date of a decision on expropriation on April 29, 2003, which was before the base date: A person who owned the land of at least 1,000 square meters within the relevant project zone before the base date before the date of the public announcement of the compensation plan and transferred all the land owned by a person who owned the land of at least 1,000 square meters within the relevant project zone and owned by another person who had been in his/her own land and owned by another person including his/her household members from the base date of the compensation plan to the date of the public announcement of the compensation plan: A person who has not been residing in the relevant project zone from before the base date to the date of the public announcement of the compensation plan.