부당이득반환
1. The judgment of the first instance court, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:
The defendant.
Basic Facts
The Plaintiff (the Plaintiff comprehensively succeeded to the rights and obligations of the Korea Land Corporation under the Korea Land and Housing Corporation Act on October 1, 2009; hereinafter “Plaintiffs” without distinguishing the Plaintiff from the Korea Land Corporation and the Plaintiff) is an implementer of the housing site development project under the former Housing Site Development Promotion Act (amended by Act No. 8384, Apr. 20, 2007); on July 21, 2006, the Plaintiff was designated from the Minister of Construction and Transportation as the implementer of the housing site development project under the Songpa-gu, Songpa-gu, Seoul Special Metropolitan City Land and Transportation under the Housing Site Development Promotion Act (amended by Act No. 8384, Apr. 20, 2006; hereinafter referred to as “the instant housing site development project”). The Plaintiff was designated as the implementer of the instant housing site development project under the title of each of the instant land to be owned by the competent local governments under the title of each of the instant housing site development project (hereinafter referred to as “the instant housing site development project”).
In the course of the project of this case, unlike the land category on the land cadastre, the portion of the land indicated in the column of “reverting area” in the annexed sheet of land among each land listed in the annexed sheet of the land (hereinafter “each land of this case”, which is the time the Korea Cadastral Survey Corporation conducted a survey of current status and cadastral survey at the time of the project of this case (hereinafter “the land of this case”). Unlike the land category on the land cadastre, the land of this case was classified as “the land of this case” as “the current status of oil reversion - the land of this case” as stated in the above list.
Article 25(1) of the former Housing Site Development Promotion Act and Article 9627 of the former National Land Planning and Utilization Act (amended by Act No. 9627, Apr. 22, 2009) on the ground that the land category on each land incorporated within the instant project zone was written as a ditch, road, river, or park.