logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.09.26 2018가합207070
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff is the Plaintiff’s business site on 34,278.5 square meters of the Daegu Suwon-gu, and 233 square meters of land (hereinafter “instant business site”).

2) The housing construction project to newly construct and sell apartment units (hereinafter “instant housing construction project”)

(2) The Defendants are co-ownership owners with co-ownership shares, who shared the building of 148.4 square meters and its ground buildings in Daegu-gu G, Daegu-gu, 148.4 square meters prior to the division, which was scheduled to be partially incorporated into urban planning facilities, other than the instant project site.

B. On January 15, 2018, the Plaintiff obtained the approval of the instant housing construction project plan from the Daegu Metropolitan City Mayor. The conditions for the approval include the part that “land and facilities to be incorporated into the expansion of the project site urban planning road and the newly established section shall gratuitously vest in the water zone, and urban planning facilities (road) to be newly installed shall be designated as a separate business operator and implementation plan or procedure before the commencement of the instant housing construction project.” 2) The Plaintiff filed an application for the designation of a project operator and the authorization of implementation plan with the head of the Si/Gun/Gu of Daegu Metropolitan City on February 22, 2018 in order to implement urban planning facility projects (road) in accordance with the said approval conditions.

Accordingly, on March 20, 2018, the head of the Daegu Metropolitan City water-related Gu announced the designation of the project implementer and the inspection of the implementation plan of urban planning facilities (road) that the project implementer is the Plaintiff. On May 10, 2018, the Central Land Expropriation Committee approved the implementation plan of urban planning facilities (road) on May 10, 2018 (hereinafter “authorization of the implementation plan”).

3) Urban planning facilities (in order to proceed with the authorization procedure for the implementation plan of a road project, the opinions of persons interested in the project approval pursuant to Article 21(2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and the same Act.

arrow