logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.09.11 2010가합66342
부당이득금
Text

1. The Defendant: (a) KRW 2,741,020 for Plaintiff A, B, C, D, and E; (b) KRW 1,370,510 for Plaintiff F and G; and (c) KRW 3,884,05 for Plaintiff H.

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 11 and Eul evidence 2 (including each number; hereinafter the same shall apply) and the whole purport of pleadings:

The buyers listed in the table 2 of the attached Table 2 (hereinafter referred to as the "attached Table") stating the execution of public works and the provision of real estate (hereinafter referred to as the "sellers of this case") are incorporated into the project district of public works executed by the project operators including the Defendant, and the said housing, land, etc. were provided for the relevant public works.

B. (i) On November 10, 2003, the head of Seoul Metropolitan Government appointed the defendant as the implementer of the AL Urban Development Project when he approves the designation and development plan of the urban development zone with respect to the AL Urban Development Project on November 10, 2003, and approved the construction plan on December 24, 2004, and approved the implementation plan of the urban development project on December 27, 2004.

B. From November 10, 2003 to December 31, 2009, the Defendant publicly announced a compensation plan for the AL Urban Development Project on October 8, 2004 and notified the landowner and person concerned of a compensation plan at that time. The main contents are as follows in the process of constructing and selling a new apartment with 2,331 households (300 households with 59С and 300С and 53 households with exclusive use area, 84С and 114С and 53 households with exclusive use area) in the AL Urban Development Project area:

[Public Notice of Criteria for Relocation Measures for Residents in the AL Urban Development Zone] The basis for the establishment and implementation of the plan: 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: July 9, 2003; Provided, That a tenant shall continue to own a house on his/her own land as of April 9, 2003, the base date of the plan for the classification of relocation measures, which is three months before the base date, until the date of conclusion of the agreement or the date of expropriation.

arrow