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(영문) 서울중앙지방법원 2012.12.28 2011가합36041
부당이득금
Text

1. The Defendant attached Form A, B, C, D, E, F, G, H, I, K, L, M, and N

1. The list falls under the category of plaintiffs above.

Reasons

1. Basic facts

A. On May 7, 2005, the project area of this case was designated as a district for national rental housing complex under the former Act on Special Measures for the Construction, etc. of Public Rental Housing (wholly amended by Act No. 9511, Apr. 21, 2009; hereinafter “former National Rental Housing Act”) by the PP on May 7, 2005, the Songpa-gu Seoul OO Day 217,692 square meters (hereinafter “instant project area”) and was designated as a district for national rental housing complex under the former Act on Special Measures for the Construction, etc. of Bogeumjari Rental Housing (wholly amended by the Special Act on the Construction, etc. of Bogeumjari Housing Act, Act No. 9511, Apr. 21, 2009; hereinafter “former National Rental Housing Act”), and the designation of the district

B. On June 20, 2006, the Defendant publicly announced the compensation plan and relocation measures for the instant project (hereinafter “public announcement of the instant compensation plan”), and among which the issues of the instant case are as follows.

The base date of the relocation measures of this case (hereinafter referred to as the "base date of the relocation measures of this case") shall be December 6, 2004.

Provided, That the tenant shall be the tenant on September 6, 2004, which is three months before the base date.

Persons subject to the criteria for separate relocation measures (hereinafter referred to as the "standards for the relocation measures of this case"): Persons who have continuously owned and resided in a house on their own land in the relevant district from before the base date of the relocation measures of this case to the date of conclusion of the agreement or the date of adjudication of expropriation: Provided, That in cases where the relevant house is not continuously residing as of the date of announcement of the compensation plan of this case, all of the household members other than the relevant house shall be

Residential measures: A right to move into a sales apartment with the exclusive use area of not more than 60§³ shall be granted.

Provided, That a person who concludes a contract for consultation and voluntarily takes the place shall have an exclusive floor area not exceeding 85m2.

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