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(영문) 서울중앙지방법원 2013.11.08 2010가합64582
부당이득반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

(a) Attached Form of the implementation of public works and provision of real estate;

2. Each purchaser listed in the table of the details of sale and transfer (hereinafter referred to as the “sellers of this case”) provided the said housing, land, etc. for the relevant public works as the housing, land, etc. owned by them are incorporated into the project district for the public works implemented by the project implementer including the Defendant.

B. On November 10, 2003, the Seoul Special Metropolitan City Mayor (1) designated the Defendant as the implementer of an urban development zone designation and development plan with respect to B, Gangdong-gu Seoul Metropolitan Government, and approved on December 24, 2004, and approved on December 27, 2004, the Defendant’s implementation plan for an urban development project was approved on December 27, 2004. (2) From November 10, 2003 to December 31, 2009, the Defendant announced the 2,331 households in an urban development project (30 households in exclusive use area of 59С, 1,978 households in exclusive use area of 84С in exclusive use area, and 53 households in exclusive use area of 114С in exclusive use area, and notified the landowner and related persons of a compensation plan on October 8, 2004 and the following details.

[Public Notice of Criteria for Relocation Measures for Urban Development Zones] The ground for the formulation 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 as the base date for relocation measures: July 9, 2003; Provided, That a tenant shall supply not more than 60§³ of apartment units in the project area to a person who owns a house on his/her own land from the base date to the date of conclusion of the agreement or the ruling of expropriation on the plan for relocation measures on April 9, 2003, which is three months before the base date.

Provided, That a person who enters into a contract for consultation and voluntarily takes an action shall be supplied with not more than 85§³ of apartment units in the business area.

(2) The person himself/herself within the business zone before the base date.

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