부당이득반환청구소송
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established on October 13, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement housing redevelopment improvement projects in the Yeongdeungpo-gu Seoul Metropolitan Government B 93,728,50 square meters (hereinafter “instant rearrangement zone”).
B. In order to implement the above project, the Plaintiff purchased the following national land shares in the rearrangement zone in this case by the Defendant:
The share of land purchase shall be 1,534m2 (hereinafter referred to as "C land") in Yeongdeungpo-gu Seoul Metropolitan Government on the date of sale.
42/1,534 on June 10, 201, 378/1, 534 on June 10, 201, "D land" below 486 square meters on June 25/1, 201, 534 on September 5, 201, Seoul Yeongdeungpo-gu Seoul Metropolitan Government D Road, and "C land" is each of the instant land.
418/486 June 10, 201. 33/486 September 5, 2011
The provisions of Act on the Maintenance of Urban Areas, the former Urban Planning Act (amended by Act No. 2988 of December 31, 1976), the Addenda (No. 2435, December 30, 1972; hereinafter the same shall apply) and the Addenda to the Enforcement Decree of the former Urban Planning Act (Presidential Decree No. 6583, March 21, 1973; hereinafter the same shall apply) are as follows.
The definitions of terms used in this Act shall be as follows:
4. The term "maintenance infrastructure" means roads, water supply systems, parks, public parking lots, utility tunnels (referring to the utility tunnels under subparagraph 9 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply), and other facilities prescribed by Presidential Decree as supply facilities, such as heat and gas, necessary for residents' living
Article 65 (Reversion of Rearrangement Basis Facilities, Land, etc.) (2) Any infrastructure to be newly installed by a project implementer, other than the head of a Si/Gun or the Housing Corporation, etc., as a result of the implementation of an improvement project, shall gratuitously vest in the State or a local government to manage such infrastructure, and any infrastructure owned by the State or a local government, the use of which is abolished due to the implementation