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(영문) 서울고등법원 2018.07.17 2017나18707
부당이득금반환
Text

1. The part concerning the plaintiff in the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid.

Reasons

1. Basic facts

A. On December 26, 2001, approximately KRW 9,307,148 square meters of land in U in Sungnam-si was designated and publicly notified as a planned area for housing site development on December 26, 2001. The Korea National Housing Corporation, Korea Land Corporation, Sungnam-si, and Gyeonggi-do became a joint project executor of a housing site development project of a zone where the said planned area for housing site development is a project district (hereinafter “instant project district”).

After the approval of the housing site development plan on December 30, 2003 and the approval of the housing site development plan on December 30, 2004, the housing site development plan was made on May 18, 2005 on the basis of the area and estimated development cost of the housing site as determined by the approval of the housing site development plan and the implementation plan on December 30, 2004.

After several times the housing site development plan has been revised, but the area of the project and the details of the project have been revised, but the frame has been generally maintained.

B. Defendant (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009; hereinafter “Defendant” even if the Korea Land Corporation or the Korea National Housing Corporation had been merged with the Korea Land Corporation; hereinafter “Defendant”), as part of the relocation measures against the original residents of this case, including the Plaintiff and M, who were incorporated into the instant project district and lost their means of living due to the expropriation of the housing or land, etc., the land for detached housing that will be developed within the project district due to the implementation of the instant project, is to be specially sold as part of the relocation measures against the original residents of this case, and around October 2003, at a level below 80% of the development cost (based on the amount calculated by deducting the installation cost of basic facilities from the development cost). The portion inevitably exceeding the above area should be supplied as appraisal price, but the supply price of the previous housing site by November 2006 shall be reduced from the Minister of Construction and Transportation with respect to the appraisal price.

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