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(영문) 광주지방법원 목포지원 2017.01.19 2015가합10689

부당이득금

Text

1. The Defendant’s KRW 500,000,000 as well as 20% per annum from April 11, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant’s assistant intervenor was designated as an urban planning facility project on November 17, 1995 (hereinafter “instant development project”). The development project of the Yongyang-si district located in the Mineyang-si (hereinafter “instant development project”).

(2) The land readjustment project association (hereinafter referred to as the “instant association”) was promoted on a total of 4,871 households, and the land readjustment project association (hereinafter referred to as “instant association”).

(2) Around April 3, 2009, the Defendant Intervenor changed the urban management plan to change the planned portion of the instant development project into a Class-I general residential area into a Class-III general residential area with respect to the instant development project. (2) Even though the population flowing into the Yongsan River is anticipated to increase considerably from the first 4,199 households to the fourth 13,857 households and 16,086 households due to the change of the above urban management plan, the Defendant Intervenor decided to utilize the Han River and the Han River Middle School located in the same area without separately establishing a plan for securing school sites to establish a new school.

The defendant assistant intervenor did not consult with the defendant in the process of such decision-making.

The Housing Site Development Project under the instant development project was completed on April 27, 2009.

3) Changduk Construction Co., Ltd. (hereinafter “ Changduk Construction”)

) Song Construction Co., Ltd. and Song Construction Co., Ltd. (hereinafter referred to as “ Song Construction”).

The project was conducted to build and sell apartment units on the site of the instant development project from Mayang-si. The housing construction project plan approved by Mayang-si for the construction of the Changduk-si and the transmission construction was to utilize school facilities determined in the existing urban planning facilities as educational facilities, and it did not include the content of securing school sites separately for the construction of school facilities.