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(영문) 서울고등법원 2019.10.30 2018나2063892
부당이득금
Text

1. The appeal filed by the Plaintiff (Appointed) against the Defendant Korea Land and Housing Corporation and the addition and expansion by this court.

Reasons

1. Basic facts

A. As a part of the policy of clustering cultural industries centered on knowledge and information industries, such as publishing videos, and fostering them into the national strategic industry, on March 31, 1997, the former Industrial Sites and Development Act (amended by Act No. 20599, Apr. 14, 201; hereinafter “former Industrial Sites Act”) was designated and announced as “G industrial complex” which is a national industrial complex, the size of which is 1,590,97 square meters of D, DJ, E, F, and F, under Article 6 of the former Industrial Sites and Development Act (amended by Act No. 20599, Apr. 14, 201)

As a result, the first stage development project was completed around 2004 by the Korea Land Corporation as the project implementer, and the implementation plan was approved and published (DL published by the Seoul Local Land Management Office) for DJ and D 825,96 square meters per day on January 8, 1998.

(874,088.9m2) The area of authorization of completion is 874m2.

G Industrial Complex two stages development projects (hereinafter “instant industrial complex development projects,” and “the site created therefrom,” the site for the instant industrial complex site was merged with the Korea Land Corporation around October 2009 by the Korea Land Corporation.

(hereinafter referred to as the “Defendant Corporation” does not distinguish before and after the merger). On January 2, 2009, the implementation plan was approved and published on January 2, 2009 (Public Notice I of Seoul Local Land Management Office) with the project implementer consisting of 685,814 square meters in Pakistan-si, Pakistan-si and the project implementer was completed around 2013.

(708,874.2m2) The area of authorization of completion shall be 708m2.

The sale of a site for industrial facilities (201,781 square meters) created through the instant industrial complex development project was conducted by preferentially selling the land within 90% to outstanding cooperation project operators and by distributing the land to the members of the relevant cooperation project implementer. On October 2010, the Minister of Culture, Sports and Tourism, around the Minister of Culture, Sports and Tourism, the Plaintiff was established for the purpose of joint projects, such as creating and operating a H complex, to enhance the economic status of its members by constructing a H complex and to promote the balanced development of the national economy. B.

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