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(영문) 서울중앙지방법원 2012.08.28 2011가합34496

부당이득금반환

Text

1. The Defendants are 5% per annum from October 30, 2009 to August 28, 2012 to Plaintiff E, respectively.

Reasons

1. Basic facts

A. On August 10, 2004, the Defendants agreed to jointly implement an urban development project for K and Cheong-si in Seoul Special Metropolitan City (hereinafter “instant project”) with a project cost of 50% each, which is planned to be designated as an urban development zone. On September 18, 2004, the Seoul Special Metropolitan City Mayor designated the said planned area as an urban development zone, and designated the Defendants as a joint project implementer of the instant project while approving an urban development plan. On December 22, 2005, the Defendants approved the instant project implementation plan, and approved the housing construction project plan on December 30, 2005.

B. In the process of newly building and selling 1,145 households (231 square meters in exclusive use area, 84 square meters in exclusive use area, 824 households in exclusive use area, 114 square meters in exclusive use area, 90 square meters in exclusive use area) in the instant business district (hereinafter “instant apartment”), the Defendants publicly announced the criteria for relocation measures on October 11, 2004, and publicly announced the criteria for relocation measures on March 17, 2005. The main contents are as follows.

A ground for the establishment and implementation of a plan: A person who has been continuously residing in the house concerned before the base date to the date of concluding a compensation contract or the date of a decision on expropriation as the owner of the house in the relevant project zone on April 29, 2003, which is before the base date of the plan for relocation of Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40 of the Enforcement Decree of the same Act: A person who has owned a land of at least 1,000 square meters in the relevant project zone before the base date of the plan for relocation and has transferred all of the land owned by a non-resident from before the base date of the plan for relocation to the date of public announcement of the plan for relocation: A person who has been subject to a non-resident's land owner including a non-resident from before the base date of the plan to the date of public announcement of the plan for relocation before the date of public announcement of the plan for relocation.