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(영문) 서울고등법원 2019.01.18 2018나2046194

부당이득금반환

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be acknowledged by the overall purport of the pleadings and records or images of Gap's evidence Nos. 1, 3-5, 8, 14, and Eul's evidence Nos. 1 through 8 (including the branch numbers where no special indication is made; hereinafter the same shall apply).

D. 1 The E Co., Ltd. (hereinafter “E”) established a plan for the creation of D tourist resorts with Fri-Gun and Gri-Gu 84,000 square meters as an area subject to the development of D tourist resorts. On December 26, 1991, after obtaining approval of the development plan from the Minister of Construction and Transportation on Apr. 1, 1992, E obtained approval of the development plan from the Do governor of Chungcheongnam-do and permission for the implementation of the development of tourist resorts from the head of Asan-Gun on Dec. 30, 193 (hereinafter “instant project”). Upon completion of the housing site among the above D tourist resort development projects (hereinafter “instant project”), E Co., Ltd. (hereinafter “E”) established a plan for the substitution of land according to D tourist resorts development projects in consultation with the landowners in the instant project site, and prepared a written consent that there is no objection to the said plan for the substitution of land as the owner of the land in the instant project site (No evidence 7).

3) However, E, which promoted the instant project, was settled in the final bankruptcy on August 8, 199, and C, which purchased the instant project site, but the said company also went bankrupt on April 23, 2008, and on May 21, 2012, the operator of the instant project changed from the original E to the Defendant market. B. The instant land was designated as a forum of D Tourist Tourist on November 29, 193 as a public facility site for Asan City 9,78.5 square meters (hereinafter “instant land”) among the replottings converted by the replotting plan for the instant project site, among the replottings converted by the replotting plan for the instant land as to the instant project site. On May 29, 1993, I acquired shares as to I, 209,546.5/628,625 shares, and acquired shares as to shares under D’s co-owned property partition under the said replotting plan.

. The land of this case.