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(영문) 서울중앙지방법원 2017.09.22 2016가합564565

부당이득반환

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a party’s relationship 1) The Plaintiff is a business site in Dongdaemun-gu Seoul Metropolitan Government 39-60 square meters and 22,840.8 square meters (hereinafter “instant business site”).

In the redevelopment project (hereinafter “instant redevelopment project”), housing redevelopment project (hereinafter “instant redevelopment project”).

(2) In order to implement the redevelopment project, a housing redevelopment and rearrangement project partnership established on May 12, 2006 under the Act on the Improvement of Urban and Residential Environments is in progress by a resolution of dissolution at an open board of representatives on June 21, 2014, and now under liquidation procedures. (2) The Defendant is a company that performs construction works under the redevelopment project of this case.

B. (1) Around March 2007, the Plaintiff submitted a traffic impact assessment report on the instant redevelopment project to the head of Dongdaemun-gu Office, and the head of Dongdaemun-gu requested the Seoul Metropolitan Government Traffic Impact Assessment Deliberation Committee to deliberate on the traffic impact assessment. (2) After which the Plaintiff submitted a supplementary report on the traffic impact assessment to the head of Dongdaemun-gu Office around May 2007 by reflecting the request for supplementation under the Traffic Impact Assessment Deliberation Committee of Dongdaemun-gu, Seoul. Based on this, the head of Dongdaemun-gu Office issued the authorization to implement the instant redevelopment project on August 9, 2007 to the Plaintiff.

3) The comprehensive improvement drawings of the transport plan, which the Plaintiff bears the obligation to perform according to the traffic impact assessment on the instant redevelopment project, are as follows: (a) the comprehensive improvement drawings of the transport plan are as follows:

As above, the comprehensive improvement plan contained in the above comprehensive improvement plan (hereinafter referred to as “the comprehensive improvement plan of this case”) is as follows.

The main contents of the plan are as follows. The 15m road (Fence, hereinafter referred to as the “instant Dong road”) on the east side of the project site where the entry of the plan for improvement of items is carried out:

) 15m-18 to 20m extension, - the formulation of an lane operation plan - the set of 2.0m boundary of Zone 4 boundary of Zone 4 boundary of the insignia - the set-bbbck - the 3.0m boundary of Zone 2 boundary of Zone 3.0m boundary of the project site north of the case (hereinafter referred to as “road north of this case”).

) The front set-back (B=2.0m later) and the road G-G on the same side of this case.