부당이득금 등 청구의 소
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. Basic facts
A. The Minister of Construction and Transportation, on July 6, 2005, designated a national rental housing complex development project as a district unit for national rental housing complex under Article 5 and Article 13(4) of the former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 8660, Oct. 17, 2007; hereinafter “former National Rental Housing Construction Act”) under the New-dong, Yangcheon-gu, Seoul, and New-dong, Seoul as a district unit for national rental housing complex development under Article 205-191 of the Public Notice of the Ministry of Construction and Transportation.
The plaintiff is a project executor who obtained approval of the execution plan (hereinafter "approval of the execution plan of this case") with respect to the national rental housing complex development project (hereinafter "project of this case") within the Seoul New District District in Seoul District in accordance with Article 205-476 of the Ministry of Construction and Transportation notification on December 29, 2005.
B. Each of the lands listed in the attached Table (hereinafter “each of the instant lands”, including 780-8 square meters, 145 square meters, etc., incorporated into the instant project zone, was managed by the Minister of Construction and Transportation at the time of the approval of the instant implementation plan, as State-owned land within the instant project zone, and thereafter, the Minister of Strategy and Finance managed it on December 26, 2008, after the abolition of use on December 26, 2008.
C. The Plaintiff, including the conclusion of a sales contract for the land of this case, completed the registration of ownership transfer for the reason of gratuitous reversion on March 13, 2009 with respect to each part of the land of this case from the Defendant, and paid 4,356,257,265 won to the Defendant, on January 209, with respect to the entire status, miscellaneous land, and the remainder of forest land (the “current status” in the attached Table, indicated as the former, miscellaneous land, and forest land in the “current status” in the attached Table; hereinafter collectively “instant dispute land”).
The Plaintiff installing a new public facility shall use the existing road, river, etc. in accordance with the instant project.