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(영문) 수원지방법원성남지원 2014.12.19 2010가합17662

부당이득금

Text

1. The plaintiffs, the defendant, and the non-party Incheon Metropolitan City Urban Development Corporation's housing site for each Incheon Free Economic Zone JJ.

Reasons

1. Facts of recognition;

A. The Minister of Finance and Economy, on August 11, 2003, designated and announced the Jung-gu Incheon Metropolitan City L and M members as the Incheon Free Economic Zone pursuant to Article 4(4) of the Act on Designation and Management of Free Economic Zones ( enacted on December 30, 2002 and enforced on July 1, 2003; hereinafter “former Free Economic Zone Act”).

B. On December 5, 2006, the Minister of Finance and Economy approved and publicly notified the implementation plan of the "J development project of the Incheon Jung-gu L and M Won (hereinafter "the development project of this case") as the NN project of the Ministry of Finance and Economy, and the Korea Land Corporation (the Korea Land Corporation and the Korea National Housing Corporation were merged on October 1, 2009 and became the defendant; hereinafter "the defendant was not prior to and after the merger") and the Incheon Urban Development Corporation (hereinafter "the defendant and the Incheon Urban Development Corporation") as the project implementer of the development project of this case.

C. The Defendant et al. publicly announced a compensation plan to specially supply the land for detached houses to be developed within the development project area of this case as part of the relocation measures for the people who lost their base of living due to the acceptance of the housing owned by them (hereinafter “persons subject to relocation measures”).

In principle, the scale of supply of multi-resident housing sites shall be supplied based on 165 square meters or 265 square meters per parcel.

Provided, That the foregoing shall not apply where it is inevitable in consideration of the conditions of the relevant project district, the trend of the real estate market in the relevant area, such as the conditions of land use plan and the efficiency of land use.

Article 17 (Supply Price) (1) The unit supply price of a housing site for migrants shall be calculated in accordance with the following standards:

1. The Seoul Metropolitan area and the Metropolitan City area: It shall be calculated by the arithmetic mean by the formula in subparagraphs 1 and 2 of attached Table 2;

provided, however, that it is calculated.