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(영문) 서울동부지방법원 2018.02.21 2017가합103243

부당이득반환 등

Text

1. The Defendant’s KRW 455,649,369 and KRW 445,450,358 among the Plaintiff and KRW 7,690,714 from April 24, 2017.

Reasons

1. Basic facts

A. From June 4, 2008 to July 11, 2016, pursuant to Article 14 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”), the Plaintiff was delegated by the Defendant with the right to manage and dispose of the land owned by the Defendant in the Seoul Seongdong-gu Seoul redevelopment project zone, including the land A (hereinafter “instant land”).

Specific contract details (the contract date, purchaser, proceeds from sale, etc.) shall be as specified in the attached Table.

(b) Article 14 (Delegation of Management and Affairs of Public Property) (1) of the Public Property Act concerning the management and disposal of public property under his/her jurisdiction; however, the head of a local government may delegate his/her authority to a public official under his/her jurisdiction to manage and dispose of public property; and the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor may delegate his/her authority to the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to manage

(3) Expenses incurred in the management and disposal of public property delegated pursuant to paragraph (1) shall be prescribed by Presidential Decree.

Article 10 (Reversion of Fees, etc.) (1) Where the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor entrusts the head of a Si/Gun/autonomous Gu with the affairs concerning the management and disposal of public property pursuant to Article 14 (3) of the Act, the Special Metropolitan City, Metropolitan City, or Do shall revert the amount classified as follows to the relevant Si/Gun/autonomous Gu in accordance with the method of management and disposal of the public property to compensate for expenses incurred in performing such affairs:

3. In cases of sale: Each Si/Gun/autonomous Gu within the scope of between 20/100 and 30/100 of the proceeds from sale, taking into account the records of the management of public property owned by the Special Metropolitan City, Metropolitan City or Do during the previous year.