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(영문) 대법원 2016.04.28 2014다11390

부당이득금

Text

Plaintiff

All appeals by both the plaintiffs and the defendant except N are dismissed.

Of the costs of appeal, Plaintiffs N and Defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed).

1. As to the Defendant’s ground of appeal

A. As to the ground of appeal No. 1, (1) Article 23 of the former Urban Development Act (amended by Act No. 8376 of Apr. 11, 2007; hereinafter the same shall apply), Article 78(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665 of Oct. 17, 2007; hereinafter the “former Public Works Act”), Article 40(3)2 of the former Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Presidential Decree No. 2072 of Feb. 29, 2008; hereinafter the “former Enforcement Decree of the Public Works Act”), the owner of a building who is subject to relocation measures (the former Public Works Projects Act shall be deemed to have been implemented from Jan. 1, 2003 to the date of the execution of the relocation measures under the former Act or the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works).