부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 28, 2007, Seoul Special Metropolitan City made a public announcement of the designation of an urban development zone and the formulation of a development plan (Seoul Metropolitan City public notice E) with the content that a project operator shall implement the D Urban Development Project (hereinafter “instant project”) with a project operator as the Seoul Special Metropolitan City SH Corporation (hereinafter “instant construction”).
B. On Nov. 6, 2008, the instant construction project made a public announcement of the relocation measures (the F of the said public announcement) including the following: “The instant construction project shall grant a person who owned or cultivated farmland of a size as stipulated in Article 3 of the Enforcement Decree of the Farmland Act, which is the base date for the relocation measures, and has lost his means of livelihood, and who voluntarily moved to a person who was deprived of his means of livelihood, by owning or leasing farmland of a size and engaged in a living within the instant project area from February 26, 2007 to the date of conclusion of the agreement.”
C. On February 26, 2007, the Defendant had installed facilities necessary for agricultural production, such as plastic houses with a size of at least 330 square meters, located in the instant project district, in Songpa-gu G and H, Seoul, and H, located in the instant project district, and was selected as a person subject to livelihood measures (person subject to compensation for agricultural loss) in accordance with the aforementioned relocation measures, by recognizing that the Defendant cultivated and cultivated crops, etc.
On January 10, 2013, the instant construction project supplied 669 persons eligible for livelihood measures by dividing the commercial area of 19,809 square meters into five commercial areas from 8-1 to 5-5. However, the instant construction project supplied the commercial area to a cooperative consisting of persons eligible for livelihood measures who are not individuals, and announced the commercial area supply guidance in a manner that the said association supplied the commercial area to implement new construction projects, such as commercial areas, etc.
E. Around August 201, an association for the purchase of commercial land in the instant project district was established, which is an association for the purchase of commercial land in the instant project district (hereinafter “instant association”), and the Defendant was the said association.