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(영문) 수원지방법원 2014.11.25 2014가단3289

부당이득금반환

Text

1. The Plaintiff, Defendant B, and Defendant C and D respectively, KRW 20,571,429, respectively, and each of them from March 26, 2007.

Reasons

1. Facts of recognition;

A. On March 26, 2007, the Plaintiff purchased 72 million won from E to 82 million won the ownership of the Defendant’s equity among F 241 square meters in Seongbuk-gu, Sungnam-si.

B. E died on August 2, 2012, and there is Defendant C and D, the wife, Defendant B and C.

C. The Minister of Construction and Transportation’s designation of a prearranged area for housing site development in the G district 1) The Minister of Construction and Transportation (former Ministry of Land, Transport and Maritime Affairs), around October 2001, designates a daily area of 9,376,000 square meters including H and I as a prearranged area for housing site development, and around that time, G district housing site development (hereinafter “instant project”).

(2) Around October 2003, Sungnam-si, etc., approved and publicly announced the plan, and designated the following as a project implementer for each zone of Gyeonggi-do, the Korea Land Corporation, the Korea National Housing Corporation, and Sungnam-si, respectively. (2) Around October 2003, the said housing site development project “The current status of the project and guidance for compensation (hereinafter “instant compensation guidance”) provided information on the future procedures for compensation, types of compensation, methods for determining measures for relocation, and criteria for determining measures for living.”

3) Among the instant compensation guidance, the main contents of the living measures are as follows (hereinafter referred to as “instant living measures”).

). ▷ 대상자 : 위 택지개발사업으로 본인 소유의 모든 토지 및 물건 등에 관하여 협의에 의한 보상을 받은 자(법인은 제외)로서 이주대책대상자와 영업보상을 받은 자, 영농자(자경농, 임차농 , 시설채소농, 화훼농, 축산업자 중 일정기준에 해당하는 자 ▷ 공급규모 : 상업용지 또는 근린생활시설용지 6평 또는 8평 ▷ 공급가격 : 감정가격 ▷ 공급방법 : 조합 또는 주민단체 공동명의

D. Around August 2007, the Defendant became eligible for the supply of land for livelihood countermeasures announced in the instant compensation guidance, as the land was incorporated into the instant project district.

E. On August 8, 2007, 1 Sung-nam City will select a person to be supplied with a site for livelihood countermeasures in Sung-nam-si.