부당이득반환
1. Of the judgment of the court of first instance, with respect to the defendant, the judgment of the court of first instance, the judgment of the plaintiff H, I, K, L, M,O, P, and Q is in accordance with the attached Form 5.
Basic Facts
On November 10, 2003, the Mayor of Seoul Special Metropolitan City, when he approves the designation and development plan of the urban development zone as DF publicly notified by Seoul Special Metropolitan City, the defendant (the name as of March 17, 2004 was changed from the Seoul Special Metropolitan City Urban Development Corporation to the same name as of March 17, 2004) was designated as the project implementer of the urban development project (hereinafter “instant project”), approved the housing construction project plan on December 24, 2004, and approved the defendant’s urban development project implementation plan on December 27, 2004.
From November 10, 2003 to December 31, 2009, the Defendant publicly announced a compensation plan for BE urban development projects on October 8, 2004 (hereinafter “instant relocation measures”) and on February 14, 2005, in the course of newly constructing and selling apartment units with 2,31 households (300 households with 59§¯ exclusive use area, 1,978 households with 114С exclusive use area, 53 households with 53 households with exclusive use area) in the BE urban development project zone (hereinafter “instant project zone”). The main contents are as follows.
[Public Notice of Criteria for Relocation Measures for Residents in the BE city: 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 as the base date for relocation measures: On July 9, 2003: Provided, That on April 9, 2003, a tenant shall supply not more than 60§³ of apartment units in the business area to a person who owns a house on his own land in the business area from the base date to the date of conclusion of the agreement or the date of decision of expropriation, who has continuously resided in the relevant house before the base date.
Provided, That a person who enters into a contract for consultation and voluntarily takes an action shall be supplied with not more than 85§³ of apartment units in the business area.
(2) A person who has not owned a house on his/her own land before the base date and has not resided continuously in the business area shall be homeless by all members of the household from before the base date of relocation measures to the date of public announcement of the indemnity plan.