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(영문) 서울고등법원 2016.09.09 2012나50874
부당이득금반환
Text

1. The part against the plaintiffs of the money that orders payment under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On August 10, 2004, the Defendant and the Dong-gu government agreed to jointly implement the S Urban Development Project for Q and Dong-si, Seoul Special Metropolitan City, Q and Dong-si (hereinafter “instant Project”) with 50% project costs each.

B. On September 18, 2004, the Mayor of Seoul Special Metropolitan City designated the above scheduled area as an urban development zone and approved the urban development plan, and designated the defendant and Dong-si as the joint project implementer of the project in this case. On December 22, 2005, approved the project implementation plan in this case, and approved the project implementation plan on December 30, 2005.

On the other hand, on July 29, 2003, the date of announcement for public inspection of residents to designate the development zone of this case as an urban development zone.

(hereinafter “the date of the instant public inspection”). C.

On October 11, 2004, the Defendant publicly announced the compensation plan for the instant project, and publicly announced the criteria for relocation measures, including the criteria for those eligible to be supplied with the instant apartment and the size of apartment, and the application for relocation measures, on March 17, 2005, to ensure that the said apartment will be specially supplied to those who lose their residential and living base in the said project district (hereinafter “instant apartment”).

The main contents of the criteria for relocation measures are as follows:

[Public Notice of Criteria for Countermeasures for the Relocation of S 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 as the base date for the relocation measures: On July 29, 2003, the base date for the relocation measures of a tenant on his/her own land was three months before the base date: A person who has not been continuously residing in the relevant house since before the base date until the date of concluding the compensation contract or the date of ruling of expropriation as the owner of a house within the relevant project zone;

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