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(영문) 서울중앙지방법원 2016.12.15 2014가합582545
부당이득금
Text

1. The Defendant’s KRW 2,793,080,998 for the Plaintiff and 6% per annum from May 16, 2009 to December 21, 2013.

Reasons

Basic Facts

On December 31, 2004, pursuant to Articles 3 and 7 of the former Housing Site Development Promotion Act (amended by Act No. 7517 of May 26, 2005), the relevant Minister of Construction and Transportation designated Gangdong-gu, Seoul as a planned housing site development area under Article 204-465 of the Ministry of Construction and Transportation’s notification of the Ministry of Construction and Transportation.

The Plaintiff (formerly, EP Corporation) is a project executor who obtained approval of the execution plan (hereinafter “approval of the execution plan of this case”) with respect to the housing site development project in Seoul Dental Two District (hereinafter “instant project”) in the said Prearranged area under Article 205-275 of the Ministry of Construction and Transportation notification September 5, 2005.

The Defendant is a local government that owned each land listed in the separate sheet in the instant project zone (hereinafter referred to as “each land of this case”) and gratuitously reverted to the Plaintiff, when certain part of the land is specified, according to the sequence thereof.

The portion of each of the instant lands indicated in the “compensation Area” column in the annexed list of the land of this case at the time the Korea Cadastral Survey Corporation conducted a survey on the current status and cadastral survey (hereinafter “instant land”), including the conclusion of a sales contract for each of the instant lands, was the same as the previous, forest, parking lot, answer, substitute, or miscellaneous land as indicated in the “actual Use” column in the same list, unlike the land category on the land cadastre.

The Plaintiff, among the lands incorporated within the project zone of this case, entered the land category on the land cadastre of this case as ditches and roads respectively, before being amended by Act No. 10764 of May 30, 2011 by the former Housing Site Development Promotion Act to the Defendant.

The Housing Site Development Promotion Act (hereinafter referred to as the “former Housing Site Development Promotion Act”)

Article 25(1) of the former National Land Planning and Utilization Act (amended by Act No. 11922, Jul. 16, 2013; hereinafter referred to as “Gu”).

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