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(영문) 서울중앙지방법원 2012.07.17 2010가합62944
부당이득금
Text

1. The Defendant: (a) KRW 3,797,168 to Plaintiff A; (b) KRW 2,741,021 to Plaintiff B; and (c) from June 21, 2010 to July 201, 2012 to Plaintiff B.

Reasons

1. Basic facts

A. The remaining plaintiffs except plaintiffs C, D, and E who performed public works are owned by them

2. [Execution and Expropriation of Public Works] Each real estate stated in the table "land subject to expropriation" column in the same table "project implementer" column in the same table was incorporated into a project district for each public project as stated in the "public project" column in the same table and provided the above real estate for the public project.

B. 1) The Gangdong-gu Seoul Metropolitan Government G G was designated as an urban development project zone on November 10, 2003 and its development plan was approved (hereinafter “F urban development project”).

(2) From November 10, 2003 to December 31, 2009, the Defendant publicly announced a compensation plan for an urban development project on October 8, 2004 and notified the landowner and related person of a compensation plan at that time. The main contents of the plan are as follows.

[Public Notice of Criteria for Measures for Relocation of Urban Development Zones] The basis for the establishment and implementation of the plan: Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40 of the Enforcement Decree of the same Act: July 9, 2003; Provided, That a tenant shall supply a house owner on his/her own land as of April 9, 2003, which was three months before the base date; ① a person who has owned a house on his/her own land in the project zone since before the base date, and has resided in the house concerned until the date of conclusion of the agreement or the date of ruling of expropriation.

Provided, That a person who voluntarily takes the place after concluding a contract for consultation shall be supplied with not more than 85§³ of apartment units in the business area.

(2) A person who has not owned a house on his/her own land and has not resided continuously before the base date shall be outside a business area.

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