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(영문) 서울중앙지방법원 2012.08.29 2010가합92334
부당이득금
Text

1. The defendant,

A. From February 5, 2010, Plaintiff A 23,488,539 and its related costs:

B. Plaintiff B is KRW 23,469,04 and also KRW 23,44.

Reasons

1. Basic facts

A. On September 18, 2004, the Seoul Special Metropolitan City, Nowon-gu BI and the Dong Government-Si BJJ were designated as an urban development project zone (title: BK urban development zone) under the Urban Development Act, and the approval of the development plan was publicly notified (Seoul Special Metropolitan City public notice BL), the defendant, and the Dong Government Government market were designated as a co-implementer of the above urban development project (hereinafter “instant project”).

B. On March 17, 2005 in the process of implementing the project of this case, the defendant and the non-government market decided to specially supply BM apartments to be developed within the project district of this case (hereinafter "the apartment of this case") to the persons who have lost their means of living by being incorporated into the project district of this case into the project of this case, and accordingly, announced the criteria for relocation measures, such as the persons eligible for special supply of the above apartments. The main contents of the public announcement of the relocation measures criteria related to this case are as follows.

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: The Government Mayor and the base date for relocation measures for the defendant: The base date for relocation measures for the BK city shall be July 29, 2003.

Provided, That the tenant shall be the tenant on April 29, 2003, which is three months before the base date.

Persons subject to separate relocation measures: A person who has continuously resided in the relevant house from before the base date to the date of concluding the compensation contract or the date of adjudication on expropriation: Provided, That a person who has not continuously resided in the relevant house from before the base date to the date of public announcement of the compensation plan: A person who has owned a parcel of land owned in the relevant zone from before the base date to the date of public announcement of the compensation plan: A person who has owned a parcel of land owned in excess of 1,00m2 from before the base date and transferred all of the land owned by the person,

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