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(영문) 서울중앙지방법원 2019.06.05 2018가단5032213
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Minister of Land, Transport and Maritime Affairs shall implement the Plaintiff’s B Bogeumjari Housing District Development Project (amended by Act No. 9758, Jun. 9, 2009; hereinafter “Housing Construction Act”)

() On January 14, 2014, the Special Act on the Construction of Public Housing, Etc. was amended to “Special Act on Public Housing, Etc.” (Act No. 12251), and on August 28, 2015, the Special Act was amended to “Special Act on Public Housing.” Accordingly, on December 3, 2009, the Seocho-gu Seoul Metropolitan Government Cdong, Ddong, Edong, and Fdong KRW 769,000 square meters were designated as B Bogeumjari Housing District, and the Plaintiff was designated as B Bogeumjari Housing District development project (hereinafter “instant project”).

The implementer of the Housing Zone was determined and publicly announced as G, which is publicly announced by the Ministry of Land, Transport and Maritime Affairs, and on April 27, 2010, the Housing Zone Plan (hereinafter “instant Housing Plan”) in the Housing Zone under the Construction of Bogeumjari Housing Act.

(2) On December 1, 2010, the Minister of Land, Transport and Maritime Affairs officially announced the topographical map of the said housing zone as H. The Minister of Land, Transport and Maritime Affairs announced the alteration of the said housing zone and the alteration of the district plan on the district, etc. determined following the alteration of the said housing zone and the alteration of the district plan, and publicly announced as I by the Ministry of Land, Transport and Maritime Affairs. On December 12, 2011, he/she approved the alteration of the district plan with a size of 819,38 square meters, and publicly notified the topographical map of the said housing zone as J publicly announced

3) The Defendant is the Seocho-gu Seoul Metropolitan Government K-road 99 square meters (hereinafter “instant land”) located in the instant project district.

B) The Plaintiff, as the owner of the instant district, managed Seocho-gu at the time of approval of the instant district plan. B. The Plaintiff’s purchase of the instant land, which was KRW 30,00,000, was accepted by the Central Land Expropriation Committee’s ruling of expropriation on July 20, 2012. On August 30, 2012, the Plaintiff paid KRW 38,211,000 to the Defendant for compensation for losses. [In the absence of any dispute over the grounds for recognition, each entry of subparagraphs A and 8, and the purport of the entire pleadings.

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