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(영문) 서울고등법원 2016.01.15 2013나17324

부당이득반환

Text

1. The judgment of the court of first instance is modified as follows.

The defendant is a party to the attached Table for Calculation of Unjust Enrichment.

Reasons

1. Basic facts

A. On September 18, 2004, the Seoul Special Metropolitan City, Nowon-gu AF and Dong government-si AG Japan were designated as an urban development project zone (title: AH urban development zone) under the Urban Development Act, and the approval of the development plan was publicly notified (Seoul Special Metropolitan City public notice AI), and the defendant was selected as the implementer of the above urban development project (hereinafter “instant project”).

B. On October 11, 2004, the Defendant publicly announced the compensation plan for the instant project, and publicly announced the criteria for relocation measures, including the criteria for persons eligible to be supplied with the instant apartment and the size of the apartment, and the application for relocation measures, on March 17, 2005, to ensure that persons who lose their residential and living grounds in relation to the instant project will be specially supplied within the said project district (hereinafter “instant apartment”).

The main contents of the criteria for relocation measures are as follows:

A ground for establishment and implementation: A person subject to relocation measures under Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40 of the Enforcement Decree of the same Act: July 29, 2003: Provided, That the tenant is a person who has resided in the relevant house continuously from before the base date to the date of concluding a compensation contract or the date of ruling on expropriation for the owner of a house on his/her own land before the base date: Provided, That a person who has not continuously resided in the relevant house, other than the relevant house, owns the land of at least 1,000 square meters in the relevant project district before the base date before the date of public announcement of the compensation plan and has transferred all the land owned by a non-resident from before the base date to the date of public announcement of the compensation plan: A person subject to a housing owner on land owned by another person, including a non-resident from before the base date to the date of public announcement of the compensation plan: The date of concluding