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(영문) 서울중앙지방법원 2015.12.17 2015가합521219

부당이득금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

Plaintiff

In order to implement a housing redevelopment project in the area of the upper water control zone in Mapo-gu Seoul Metropolitan Government, a project association established on February 27, 2008 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and the plaintiff 2 district housing redevelopment project association (hereinafter referred to as the "party 2 association") is a project association established on March 18, 2008 under the same Act in order to implement a housing redevelopment project in the area of the upper water control zone in the upper water control zone in Mapo-gu Seoul Metropolitan Government.

Around January 2009, the head of Mapo-gu imposing charges for each school site of this case (hereinafter referred to as the "head of Mapo-gu") approved each project implementation plan against the plaintiffs and imposed the "charges for school site to be legally borne" under the conditions of the implementation.

The former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015)

Article 5(1) of the former Act provides for the following: (1) Article 5 (Imposition and Collection of Charges) (1) A Mayor/Do Governor may develop the land to construct a detached house in a development project area and sell it in lots or impose and collect charges on and from the persons who sell the apartment house: Provided, That the same shall not apply to any of the following development projects: < Amended by Presidential Decree No. 2426, Oct. 16, 2012; Presidential Decree No. 2426, Oct. 16, 2012; Presidential Decree No. 24248, Nov. 16, 2012; Presidential Decree No. 24248, Oct. 16, 2012>