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(영문) 수원지방법원 2017.02.09 2015가합60767

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into an agreement with the selected enterprise and approved the project 1) on 1999, the Sung-dong Won-dong Won-dong (hereinafter referred to as the “Seong-dong”) in the Suwon-si area, and called the “Seong-dong” as a general term referring to the Sung-dong and the Sung-dong.

(2) The Defendant selected four enterprises including the Plaintiff (hereinafter “the instant selected enterprises”) in the Sung Welfare Zone as an enterprise that can obtain individual project approval pursuant to the basic urban planning (hereinafter “basic urban planning”) for the purpose of developing B as a community district in which the construction of multi-family housing is possible.

3) On August 12, 1999, the Defendant consulted with the instant selected enterprise on the Defendant’s internal policies, etc., including the charge for installation of infrastructure, and prepared an agreement on September 10, 199, based on the draft of the new district development plan (the draft), between the name “Seongsung-dong Development Committee” in which the instant selected enterprise participated. 4) On September 10, 1999, the instant selected enterprise obtained approval from the Defendant for the housing construction plan that newly constructs and sells an apartment at the Geong-dong, Sungdong-dong, Suwon-si, 199.

B. A final decision to revise a plan for utilization of the national territory of the Seongbuk-gu is 1) When the selection company of this case started its business and the problem of difficult development was subject to criticism, such as large reporting to the media. On December 8, 1999, the defendant decided to restrict the approval of individual projects other than the selection companies already approved in accordance with the internal policy of the new districts development plan of June 7, 199 through the "Public Notice on the Restriction on Amendment to the Plan for Individual Land Utilization for the Establishment of New Districts" on June 7, 1999. On March 14, 2002, the Gyeonggi-do Governor temporarily suspended the additional approval, following the deliberation of the Deliberation Committee on Comprehensive Plan for Construction on March 22, 2002 by the Gyeonggi-do Public Notice on March 22, 2002, Article 8(1) of the Act on the Utilization and Management of the National Territory and Article 58 of the Enforcement Decree of the same Act.