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(영문) 서울동부지방법원 2015.11.17 2014가합12896
양도대금 반환
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The following facts can be acknowledged in full view of the respective descriptions of Gap evidence Nos. 1 to 6, Eul evidence Nos. 2-1, 2, Eul evidence Nos. 3, 4, 5, and 8 and the purport of the whole pleadings.

The head of Gangdong-gu Seoul Metropolitan Government shall implement D's Housing Site Development Project on the land of Gangdong-gu Seoul Metropolitan Government (1) on June 30, 2000, the former Urban Planning Act (amended by Act No. 6243, Jan. 28, 2000; hereinafter the same shall apply) announced on June 30, 200

Article 12 of the former Enforcement Decree of the Urban Planning Act (amended by Presidential Decree No. 16891, Jul. 1, 2000; hereinafter the same shall apply)

In accordance with Article 6, the name of the Seoul Gangdong-gu Seoul Metropolitan Government F (F on January 1, 2007) was changed to D.

hereinafter referred to as “D”

(2) The former land in this case is 6,969m2 (hereinafter “instant previous land”).

() The business that sets the 11,876 square meters of land including a day-to-day land as an off-road parking lot, which is an urban planning facility; and the business that forms the 16,470 square meters of land in C as a D’s housing site as a countermeasure for the relocation of residents residing in the previous land of this case (hereinafter “instant business”); and the said 3-to-day land is the 16,470 square meters of land in this case

2) On June 30, 200, the head of Gangdong-gu Seoul Metropolitan Government (hereinafter “the head of Gangdong-gu”) granted permission to change the form and quality of the instant site in a development-restricted area pursuant to Article 21 of the former Urban Planning Act, Article 20(1)2 of the Enforcement Decree of the same Act, and Article 8(1)28 of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Construction and Transportation No. 245 of July 4, 2000; hereinafter the same) to implement the instant project in the instant project site.

3) Residents who owned the previous land and the building on the ground of this case shall be entitled to conduct the project of this case as “the Housing Site Development Project Association of Gangseo-gu D” (hereinafter “the instant association”).

The organization was formed.

The head of Gangdong-gu shall approve the establishment of the association of this case on May 23, 2001.

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