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(영문) 대법원 2017.04.13 2013다34563
부당이득금반환
Text

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

1. As to the Plaintiff’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed)

A. As to the ground of appeal No. 1, the court below rejected the plaintiff's assertion that the sales contract of this case as stated in the judgment of the court below is in violation of the above provision on a different premise, on the ground that it is difficult to interpret the former part of Article 66 (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7392 of March 18, 2005; hereinafter "Urban Improvement Act") as well as the method of evaluating state-owned and public land based on the current status as at the time of announcement of project implementation authorization.

The judgment below

Examining the reasoning of the lower judgment in light of the legal provisions and the evidence duly admitted, the lower court did not err in its judgment by violating the principle of statutory interpretation or by misapprehending the legal principles on Article 66(6) of the Urban Improvement Act, contrary to what is alleged in the

(See Supreme Court Decision 2009Da69548 Decided January 28, 2010). B.

As to the ground of appeal No. 2, on the grounds indicated in its reasoning, the lower court: (a) did not list public buildings as infrastructure for rearrangement under Article 2 subparag. 4 of the Act on the Maintenance of Urban Areas and Article 3 subparag. 1 through 7 of the Enforcement Decree of the Act on the Maintenance of Urban Areas and Article 2 subparag. 8 of the Act on the Maintenance of Urban Areas and Article 3 subparag. 8 of the Enforcement Decree of the Act on the Maintenance of Urban Areas and Dwelling Conditions; (b) did not constitute infrastructure for rearrangement under Article 2 subparag. 5 of the Act on the Maintenance of Urban Areas and Dwelling Conditions; and (c) determined that the amount of the site and the construction cost of the public buildings

The judgment below

The reasoning of the judgment below is the relevant laws and regulations.

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