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(영문) 서울고등법원 2016.07.08 2012나102010

부당이득금반환

Text

1. Of the judgment of the court of first instance, the defendant against the plaintiffN, AP, AV, AV, AY, BC, G, BG, BH, BI, BJ, BL, BN, BO, BP, Q, BP, and B.

Reasons

1. Basic facts

A. 1) On December 3, 2004, Mapo-gu Seoul Mapo-gu Housing Site Development Project is designated as a planned housing site development area (title C: title) under the Housing Site Development Promotion Act by the Ministry of Construction and Transportation B on December 3, 2004, and the development plan was approved. The defendant is the above housing site development project (hereinafter “instant project”) and the said planned housing site development area is “instant project district”.

2) Plaintiff D, E, F, G, BD, BE, BG, H, I, J, K, K, L, M, N, AI, AJ, AK, and the remainder of the Plaintiffs, excluding the P, BW, Q, Q, Q, BZ, CA, CB, and R (hereinafter referred to as “eight persons, etc.”) were incorporated into the instant project zone executed by the Defendant, and provided each of their own real estate for public services.

3) On March 2, 2004, the Defendant made a public announcement for the designation of a prearranged area for housing site development. On February 13, 2006, the Defendant made a public announcement of the compensation plan with respect to the instant project on March 2, 2004, setting the base date for the relocation measures and publicly announced the compensation plan on March 2, 2004, and notified the landowner and the person concerned of the compensation plan at that time. 4) The development area of the instant project is 341,81 square meters. Of these, the amount of paid supply is 193,538 square meters and the free supply area is 14

5) The total project cost of the instant project is KRW 513,97,26,958 as listed in the table below. The amount classified as follows is KRW 363,206,927,245, the direct cost for the construction of infrastructure 32,073,93,93,859 direct cost for 1,801,67,676,131 (the cost for the construction of infrastructure for the construction of infrastructure for the construction of non-use site charges) x 1,576,025,97 indirect cost sales expenses x 560,03,06,927,245, the cost for the construction of infrastructure x 31,239,000,321,340, the cost for the construction of infrastructure x 1,859, the total cost for the construction of non-use site x 137,795,79, the cost for relocation measures x 2985, the cost for the construction of infrastructure x ;