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(영문) 서울고등법원 2015.02.03 2013나11616

부당이득금

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The basic facts;

2. Relevant legislation,

3. The grounds for this part of the allegations by the parties are the same as the corresponding part of the judgment of the court of first instance, except for the deletion of conduct 3 through 5 of the judgment of the court of first instance, since the corresponding part of the judgment of the court of first instance (section 4, 1 to 6, 7, 10 to 8 of the surface 10 of the surface 7, 10 of the surface 7) is the same. Thus, this part of the judgment of the court of first instance shall be cited as it is in accordance

4. Determination

A. The reasoning for this part of the judgment on the assertion on the trust of lawsuit is as stated in the corresponding part of the judgment of the court of first instance (No. 8, No. 18, and No. 9, No. 8), and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

B. 1) Determination as to whether the remaining plaintiffs except the plaintiff G constitutes a person subject to relocation measures under Article 78(1) of the former Public Works Act, there is no dispute between the parties as to the facts that the remaining plaintiffs except the plaintiff G constitutes a person subject to relocation measures under Article 78(2) of the former Public Works Act. 2) As to the plaintiff G, the defendant asserted that the defendant is not a person subject to relocation measures under Article 78(1) of the former Public Works Act, which is a public announcement date to designate the project area of this case as a person subject to the national rental housing complex, as a public announcement date to designate it as a person subject to relocation measures under Article 78(1) of the former Public Works Act and Article 40(3)2 of the Enforcement Decree of the same Act.

According to Article 78(1) of the former Public Works Act and Article 40(3)2 of the Enforcement Decree of the former Public Works Act, a project operator shall establish and implement relocation measures for persons who lose their base of livelihood as a result of providing residential buildings due to the implementation of public works (hereinafter referred to as "persons subject to relocation measures"), as prescribed by the Enforcement Decree of the former Public Works Act.