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(영문) 서울중앙지방법원 2017.01.12 2015가합547747

부당이득금

Text

1. The Defendant’s KRW 700,738,50 for the Plaintiff and KRW 6% per annum from February 2, 2010 to December 21, 2013.

Reasons

1. Basic facts

A. On November 10, 200, the Mayor of Seoul Special Metropolitan City (hereinafter “the project in this case”) designated the size of 360,000 square meters from 360,000 Man-dong, Gangdong-gu, Seoul as an urban development zone under the former Urban Development Act (amended by Act No. 7335, Jan. 14, 2005; hereinafter “former Urban Development Act”), and approved the development plan for the city development project (hereinafter “the project in this case”), and the Plaintiff (the Seoul Special Metropolitan City Urban Development Corporation changed its name from March 17, 2004 to EP Corporation, and changed its name into the name as of September 1, 2016) as the project implementer, announced the designation of the Gangwon Urban Development Zone and the approval of the development plan.

B. After that, the Seoul Special Metropolitan City Mayor issued a public notice on December 27, 2004 on the modification of the development plan and the authorization of the implementation plan (hereinafter “authorization of the instant implementation plan”) by changing the project area into the area of 911,429m29m2, etc. under the Seoul Special Metropolitan City Notice No. 2004-429m2.

C. The Defendant owned each of the lands listed in the separate sheet (hereinafter “instant land”) located within the instant project zone prior to the aforementioned public notice (hereinafter “instant land”), and owned the same 418-2 road of the same 1,065 square meters (hereinafter “Gangdong-dong 390-6 land”), which includes the land of this case as indicated in the separate sheet located within the instant project zone (hereinafter “instant land”). However, as a result of the Plaintiff’s measurement of the current status of each of the instant land for the instant project, the land of paragraphs 1 and 3 of this case was identified that the current status of the instant land was inconsistent with the category of the land indicated in the previous sheet, and the current status of the instant land of paragraphs 2 of this case was determined to be inconsistent with the category of the land indicated in the public record.

On January 18, 2010, the Plaintiff concluded a sales contract with the Defendant to purchase ten parcels of land within the instant business area, including each of the instant land, for KRW 1,986,395,540.

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