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(영문) 서울중앙지방법원 2015.06.18 2014가단34889
부당이득금 반환
Text

1. The Defendant’s KRW 52,00,000 and its related amount are 5% per annum from March 7, 2014 to June 18, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

(a) The Minister of Construction and Transportation shall designate C district housing site development areas (hereinafter referred to as the “instant project”) around October 2001 by the Minister of Construction and Transportation as a prearranged area for housing site development, and the Minister of Land, Infrastructure and Transport shall designate C district housing development projects (hereinafter referred to as the “instant project”).

(2) Around October 2003, Sungnam-si, etc. (hereinafter referred to as the “instant compensation guidance”) provided the following information: (a) Around October 2003, the plan was approved and publicly announced; (b) the Gyeonggi-do, the Korea Land Corporation, the Korea National Housing Corporation, and the Sungnam-si were designated as the project implementer for each zone; and (c) Around that time, Sungnam-si, etc. provided the following information: (a) the procedures for future compensation, the type of compensation, the method of determining relocation measures

3) The details of the living measures among the instant guidance are as follows (hereinafter referred to as “instant living measures”).

(b) Persons subject to relocation measures: Persons who have received compensation for all land, goods, etc. owned by them through consultation (excluding corporations) and received business compensation, farmers (excluding self-employed farmers, leased farmers, facility collection farmers, fire fighting farmers, and livestock raisers who meet specific standards: The supply price of land for commercial land or neighborhood living facilities: The supply method of land for commercial land or neighborhood living facilities: the joint names of associations or resident organizations;

B. The Plaintiff’s purchase of the land for livelihood countermeasures of this case 1) The Defendant constituted a person eligible to be supplied with the land for livelihood countermeasures announced in the compensation guidance of this case as his land was incorporated into the instant project district. 2) On July 7, 2006, the Plaintiff decided to purchase between the Defendant and the Defendant for the purchase of the land for livelihood countermeasures of KRW 52 million, which the Defendant would be provided as the measure of this case, and paid KRW 52 million to the Defendant on the same day.

(hereinafter “instant sales contract”). 3. The instant sales contract is concluded.

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