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(영문) 서울중앙지방법원 2018.10.05 2015가합512666
부당이득반환 청구의 소
Text

1. The Plaintiff:

A. Defendant Korea’s KRW 9,067,590 as well as its annual interest from March 3, 2015 to October 5, 2018.

Reasons

Basic Facts

A. The Plaintiff is an implementer of the Seoul Gangseo-nam District Development Project (hereinafter “the instant district plan”) that was approved by the Ministry of Land, Transport and Maritime Affairs No. 2009-277 on June 3, 2009 pursuant to the former Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 9552, Mar. 25, 2009; hereinafter “former Bogeumjari Housing Construction Act”). The Plaintiff is designated as the Bogeumjari Housing District under the Ministry of Land, Transport and Maritime Affairs Notice No. 2009-277 on June 3, 2009; and on September 28, 2009, the said district plan (hereinafter “instant project”).

(b) Attacheds 1, 2, and 3 refer only to the portion of land acquired at a cost in cases where the public area of each land listed in Attacheds 1, 2, and 3 as well as the area of land acquired at a cost is different;

(hereinafter referred to as “each land of this case” and, when specifying some of them, the land of this case is State and public land within the business district of this case according to the annexed number and the annexed number. At the time of approval of the district plan of this case, the land of the attached Table 1 was owned by the defendant Republic of Korea, the land of the attached Table 2 by the defendant Seoul Government, and the land of the attached Table 3 by the defendant Gangnam-gu

C. 1) After the designation of the project district of this case, the Plaintiff is entitled to a free reversion consultation between the Plaintiff and the Defendants. The Plaintiff is subject to the former Act on the Construction of Bogeumjari Housing and the former National Land Planning and Utilization Act (amended by Act No. 9552, Mar. 25, 2009; hereinafter “former National Land Planning Act”).

(2) The Defendants did not comply with the agreement on gratuitous reversion on the grounds that the status of each of the instant lands was not public facilities. (2) The Plaintiff did not comply with the Defendant Republic of Korea with the agreement on free reversion on the grounds that the status of each of the instant lands was not public facilities. (3) As a compensation for each of the lands listed in attached Table 1, the Plaintiff did not comply with the agreement on free reversion to the Defendant Republic of Korea, and the Defendant Seoul Metropolitan Government with respect to each of the lands listed in attached Table 2.

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