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(영문) 서울중앙지방법원 2018.12.19 2018가합511183
부당이득금
Text

1. As to the Plaintiff KRW 4,112,255,972,150 among the above money and KRW 4,112,255,650 from August 31, 2012, and KRW 143,716.

Reasons

1. Basic facts

A. The Plaintiff (the name of the Plaintiff was changed from E.S. A. on September 1, 2016) is the developer of the Seoul A.S. Housing Development Project (hereinafter “instant Housing Project”) which was approved by the Ministry of Land, Transport and Maritime Affairs under Article 2009-1137 of the Public Notice of the Ministry of Land, Transport and Maritime Affairs on December 3, 2009 pursuant to the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 9552, Mar. 25, 2009; hereinafter “former Bogeumjari Housing Construction Act”). The Defendant owned each land in the attached list in the instant project area and reverted it to the Plaintiff with or without compensation.

B. After approval of the instant district plan, the Plaintiff requested the Defendant to gratuitously reversion of each of the lands listed in the attached list on the ground that such land constitutes “existing public facilities” as prescribed by the former Act on the Construction of Bogeumjari Housing and Article 65 of the former National Land Planning and Utilization Act (amended by Act No. 10580, Apr. 12, 2011; hereinafter “former National Land Planning Act”), which applies mutatis mutandis under the same Act. The Plaintiff received a registration of transfer from the Defendant with respect to each of the said lands for free reversion.

However, the defendant did not comply with the consultation on gratuitous reversion for the reason that the present status of each of the above lands does not constitute a road, ditch, miscellaneous land, forest land, and other parts (referring to the "compensation area" part of each of the lands listed in the attached Table; hereinafter "each of the above lands"; and the individual lands did not comply with the consultation on gratuitous reversion for the reason that the present status does not constitute a public facility, etc.

C. Accordingly, on August 30, 2012, the Plaintiff, following the procedure of adjudication of expropriation, etc., shall be liable to the Defendant for compensation for each of the instant lands (excluding the instant land No. 22) on August 30, 2012.

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