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(영문) 서울중앙지방법원 2016.04.14 2015가합535669
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Plaintiff 1) Plaintiff (the title at the time of its establishment was “B Housing Redevelopment and Improvement Project Association” but was changed to the current name on May 19, 2010.

) On April 27, 2006, the Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government 62,781 square meters (hereinafter “instant rearrangement zone”).

2) Under the Housing Redevelopment Project Act (hereinafter “instant redevelopment project”);

(2) The head of Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as the "Dongdong-gu head") under the Act on the Maintenance and Improvement of Urban Areas

(2) On July 10, 2006, the Plaintiff obtained authorization for establishment from the head of Dongjak-gu Office to obtain authorization for the implementation of the project on May 2, 2006. The Plaintiff obtained authorization for the implementation of the project on July 10, 2006. The conditions for authorization for the implementation of the project include the contents of “transfer (including approval for use) of land ownership under Article 13 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) and Article 9 of the Enforcement Decree of the same Act as public property.

3) The Plaintiff obtained the project implementation authorization from the head of Dongjak-gu on May 20, 2010. The said conditions are as follows (hereinafter “instant conditions for project implementation authorization”).

- The site is included. - cash compensation - creation of a playground at the time of the exchange of a site - construction of a buffer green belt space - new construction of a low-end school that remains at the boundary of an association zone and D school - Ownership after completion of the construction of social infrastructure (SOC), such as school roads from the private sector funds, shall be transferred to the Government, and the Government shall pay rent for the private business operators (Lesese) and recover the investment cost.

D Schools were selected as schools subject to G projects, and the project was being promoted around March 2005.

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