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(영문) 서울중앙지방법원 2015.04.15 2013가단256026
부당이득금반환
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. (1) On October 201, the Minister of Land, Infrastructure and Transport (former Ministry of Land, Infrastructure and Transport) designated the C district housing site development zone D, E, etc. as the district housing site development zone around the time, and then approved and publicly notified the C district housing site development plan (hereinafter “instant project”). Gyeonggi-do, the Korea Land Corporation, the Korea National Housing Corporation (Korea Land Corporation and the Korea National Housing Corporation were integrated into the Korea Land and Housing Corporation; hereinafter “Korea Land & Housing Corporation”) and the Sungnam-si as the project implementer.

(2) Around October 2003, Sungnam-si, etc. announced the following: (a) the title of the instant project’s “project status and guidance for compensation”; (b) the compensation procedure; (c) the method of determining the types of compensation and compensation; (d) the relocation measures; and (e) the determination criteria for living countermeasures.

(3) The details of the living measures during the above compensation guidance are as follows.

Persons subject to relocation measures: The supply price of land for commercial land or neighborhood living facilities: The supply price of land for commercial land or neighborhood living facilities is 6 square meters or 8 square meters: Joint accounts of a cooperative or a resident organization; the joint accounts of a cooperative or a resident organization.

B. Around August 2007, the Defendant was selected as a person eligible for the supply of a site for livelihood countermeasures at 26.4 square meters (8 square meters) according to the above living measures.

(2) On August 10, 2007, Sungnam-si, etc. announced “Public Notice of Supply of Land for Countermeasures against the C Life” with the following contents, and the main contents are as follows.

Qualification requirements: A person who has been selected as a person eligible for the supply of a living countermeasure site in relation to the instant project: A representative elected by the partnership by voluntarily organizing a non-corporate group of persons eligible for the supply of a living countermeasure site.

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