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(영문) 서울서부지방법원 2018.01.10 2014가합40701

부당이득금

Text

1. The defendant has the corresponding money as stated in the separate sheet "amount of claim" in the annexed sheet to the plaintiff A, C, D, F, G, and J, as well as the corresponding money.

Reasons

1. Facts of recognition;

A. The Plaintiff A, B, C, D, E, F, G, H, and J are the local government that implemented the “urban planning facility project (K partial creation)” including the land in which each of the above houses is located as a project district, although the housing indicated in the attached Table in paragraph (5) was owned by L was originally L. However, since L died on April 8, 2009 before the instant lawsuit was filed and Plaintiff E inherited the above house solely at around that time, the Defendant was a local government that implemented the “urban planning facility project (K partial creation)” including the land in which each of the above houses is located.

On April 10, 2004, the Defendant publicly announced the decision of K creation pursuant to Article 30 of the former National Land Planning and Utilization Act (amended by Act No. 7016 of Dec. 30, 2003; hereinafter “former National Land Planning Act”) and Article 25 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 18680 of Jan. 15, 2005), and made relevant documents available for public perusal.

B. Plaintiff I of the M business is a person who owned the relevant house as stated in the attached Table “supply Housing” column, and the Defendant is a local government that implemented an “urban planning facility project (M partial creation)” including the land in which the said housing is located as a project district.

On October 21, 2002, the Defendant publicly announced the alteration of the MM creation plan pursuant to Article 24 of the former Urban Planning Act (repealed by Article 2 of Addenda to the National Land Planning and Utilization Act, Act No. 6655 of Feb. 4, 2002; hereinafter “former Urban Planning Act”) and Article 24 of the former Enforcement Decree of the Urban Planning Act (amended by Presidential Decree No. 17816 of Dec. 26, 2002), and made relevant documents available for public perusal.

C. The remaining Plaintiffs, excluding Plaintiff H, who entered into a contract for acquisition through consultation, enter the “transfer date” column of attached Table No. 1 as of the relevant date indicated in the same Table “transfer date” as of the relevant date in the same Table as of each relevant date in each relevant house.