부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
A. The Sungnam-gu Mayor designated the Plaintiff as the implementer of the C-Housing Redevelopment Improvement Project (hereinafter “instant rearrangement project”) to be implemented on the B 233,366 square meters in Seongbuk-gu, Sungnam-gu, Sungnam-gu. The said designation was publicly announced.
On December 4, 2009, the Sungnam City approved the implementation plan of the instant rearrangement project and announced it on the same day, and on February 5, 2016, approved the alteration plan for the implementation of the instant rearrangement project as D public notification of the Sungnam City.
The Plaintiff established a management and disposal plan for the instant improvement project, and on November 7, 2016, the Sungnam City approved the above management and disposal plan as E publicly notified by Sungnam City.
B. By August 28, 2018, the Defendant, as a lessee of the building indicated in the attached Table 1 List located within the instant rearrangement project zone (hereinafter “instant building”), occupied the part (A) of the attached Form No. 1 of the first floor of the building listed in the attached Table 1 (hereinafter “the first floor of the instant building”).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 10 evidence, Eul evidence 2 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings
A. In full view of the relevant legal principles, the main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9729 of May 27, 2009) (the same contents as Article 81(1) of the current Act), and Article 62 of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 11017 of Aug. 4, 2011) (the same contents as Article 81(1) of the current Act) (amended by Act No. 11017 of Aug. 4, 201), it is difficult to view that a project implementer of an urban environment improvement project needs to pay business compensation, etc. determined by consultation or adjudication procedures to transfer land or buildings within a rearrangement zone to start construction works.