logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2017.10.19 2017가합5614
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 3, 2009, the Minister of Land, Transport and Maritime Affairs, before the amendment by Act No. 11690 on the Construction of Bogeumjari Housing, etc. (Amended by Act No. 11690, Mar. 23, 2013; after January 14, 2014, the name of the Act was successively changed to the Special Act on the Construction of Public Housing, etc. (Act No. 12251, Aug. 28, 2015; hereinafter “public housing”) by Act No. 13498, the name of the Act was successively changed to the Special Act on Public Housing, etc. (Act No. 13498, Aug. 28, 2015; hereinafter “public housing”) designated the Cdong, Ddong, Edong, and Fdong as the project implementer of the public housing project (hereinafter “instant public housing project”); and publicly notified the designation of the Defendant as the project implementer of the

B. The Plaintiffs owned each land and its ground buildings listed in No. 1 or No. 3 in the instant project zone prior to the date of the public announcement of the designation of the instant project zone, and operated the factory.

The Defendant consulted with the Plaintiffs to acquire each of the above lands owned by the Plaintiffs to be incorporated into the instant project district, but no agreement was reached, and upon the Defendant’s application, the Central Land Expropriation Committee rendered a ruling to expropriate each of the above lands owned by the Plaintiffs on February 6, 2013.

C. On December 11, 2014, pursuant to Article 27 of the former Special Act on the Construction of Public Housing (amended by the Special Act on Public Housing (amended by Act No. 13498, Aug. 28, 2015; hereinafter the same), Article 78-2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, and Article 41-3 of the Enforcement Decree of the same Act, “G factory relocation measures” (hereinafter “instant relocation measures”) with the following contents, the Defendant publicly announced the relocation measures (hereinafter “instant relocation measures”), and thereafter, on June 4, 2015, on June 18, 2015, the date of entering into a contract for the supply of factory relocation measures was changed from June 26, 2015 to June 26, 2015.

1. Preferential supply of land for self-sufficiency facilities in the G district;

(a)the manufacture of buildings, structures, or goods within the G District subject to the application;

arrow