부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, as a local government, is a general waterworks business operator holding the right to manage the waterworks under Article 21 of the Water Supply and Waterworks Installation Act. The Defendant comprehensively succeeded to the property, claims and obligations of the Korea National Housing Corporation and the Korea Land Corporation and other rights and obligations upon dissolution of the Korea Land Corporation and the Korea Land Corporation (amended by Act No. 10420, Dec. 29, 2010; hereinafter “former Korea Land and Housing Corporation”) on October 1, 2009.
B. At the time of December 13, 2006, the Korea Land Corporation obtained the first approval (No. 2006-530 of the Ministry of Construction and Transportation’s announcement) from the Minister of Construction and Transportation for the housing site development project for Kimpo-si, Kimpo-dong, Yangyang-dong, Yangyang-dong, and Yangyang-do, which is a housing site development plan for the housing site of 10,837,004 square meters (hereinafter “instant housing site development project”). On June 5, 2008, the said housing site development project was changed to the housing site development project for Kimpo-do (No. 2008-207 announcement by the Ministry of Land, Transport and Maritime Affairs), and on October 24, 2013 (No. 2013-623 of the Ministry of Land, Infrastructure and Transport’s announcement).
C. In addition to the housing site development project in this case, the defendant succeeded to the housing site development project in the Kim Jong-si branch of the long-term Dong, Kim Jong-si branch of the Korea Land Corporation or the Korea National Housing Corporation from 2002, the housing site development project in the Kim Jong-si branch of the Kim Jong-si, Kim Jong-si, Kim Jong-si, the housing site development project in both sides of the Kimpo-si, Kim Jong-si, Kimpo-si, and completed the implementation or is currently being implemented.
Article 7 of the former Special Act on the Management of Intercity Transport in Metropolitan Areas (amended by Act No. 8251 of Jan. 19, 2007; hereinafter “former Special Act on the Management of Intercity Transport in Metropolitan Areas”) and the Gu around December 2006.