beta
(영문) 서울고등법원 2016.01.07 2013나10101

부당이득금

Text

1. The part against the defendant among the part against the plaintiff A, B, C, E, F, and H of the first instance judgment shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. On July 9, 2003, the Seoul Special Metropolitan City Mayor issued a public inspection announcement for the designation of the K Urban Development Zone on July 9, 2003, and approved the designation of the K Urban Development Zone and the development plan on November 10, 2003 by the Seoul Special Metropolitan City public notice on November 10, 2003, the Defendant is K Urban Development Project (hereinafter “instant project”).

(2) The Defendant, from November 10 to December 31, 2009, publicly announced a compensation plan for the instant project on October 8, 2004 in the course of newly building and selling apartment houses with 2,31 households within the instant project area (300 households with exclusive use area of 59С, 84С, 114С and 53 households with exclusive use area of 114С), and on January 14, 2005, approved the Defendant’s implementation plan for an urban development project on December 27, 2004. The Defendant, from November 10, 2003 to December 31, 2009, publicly announced the plan for relocation measures for the instant project (hereinafter “the criteria for relocation measures for the instant project”): The Defendant, within the relevant project area, has been holding the housing of 300 square meters prior to the date of consultation on the establishment and implementation of relocation measures for the relevant apartment and its own land under Article 78 of the Act on Acquisition of and Compensation for Public Works Projects;

Provided, That a person who enters into a contract for consultation and voluntarily takes an action shall be supplied with not more than 85§³ of apartment units in the business area.

(2) Paragraph (1) shall apply mutatis mutandis to a person who has not owned a house on his/her own land before the base date and has not resided continuously in the business zone, if the former household member is homeless from before the base date of relocation measures to the date of public

(3) The owner of a house as of the public announcement date of the compensation plan for acquisition after the registration date.