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(영문) 서울중앙지방법원 2013.07.05 2011가합94047
부당이득금반환
Text

1. The defendant's money stated in the "personal amount" column in the attached Table 2 for plaintiffs A, B, C, D, E, F, and G and one of them respectively.

Reasons

1. Facts of recognition;

A. 1) The project to create a national rental housing complex is to be implemented 217,692 square meters in Seoul Hdong-dong, Seoul (hereinafter “instant project district”).

A) On May 7, 2005, the Ministry of Construction and Transportation announced publicly on May 7, 2005, designated the national rental housing complex as a planned district under the first announcement of the Ministry of Construction and Transportation, and approved the designation, alteration, and implementation plan of the planned district on December 29, 2005 by the J of the Ministry of Construction and Transportation. The alteration of the planned district and the alteration of implementation plan were approved after several times, and the defendant made the development project of the national rental housing complex

(2) On June 20, 2006, the Defendant publicly announced the compensation plan and relocation measures for the instant project (hereinafter “instant compensation plan announcement”). The base date of the instant compensation plan announcement was designated on December 6, 2004 as the base date of the relocation measures, and the main contents of the housing plan are as follows.

A person who owns and resides in his/her own house on his/her own land as of the base date for relocation measures: A person who has continuously owned and resided in his/her house on his/her own land in the relevant district before the date of conclusion of the agreement or the date of adjudication of expropriation: A person who has entered into an agreement shall have the right to move in an apartment unit with an exclusive area of not more than 60 square meters: Provided, That a person who voluntarily moves in after entering into the agreement shall be granted a right to move in an apartment unit with an exclusive area of not more than 85 square meters, and a person who enters into a contract for consultation and voluntarily takes occupancy

Persons eligible for public announcement of a plan for acquisition after the base date: Persons who have acquired a house of the relevant district as of the date of public announcement of the plan for compensation: The former members who have continuously resided in the relevant house from the base date to the date of announcement of the plan for compensation shall not own another house except for the relevant district from the base date to the date of announcement of the

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