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(영문) 서울중앙지방법원 2020.12.10 2017가단5219372
부당이득금
Text

1. The Defendant: (a) KRW 23,564,500 for the Plaintiff and KRW 4.10% per annum from May 26, 2012 to August 18, 2013; and (b).

Reasons

1. Basic facts

A. On December 3, 2009, the Minister of Land, Transport and Maritime Affairs, pursuant to the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 9758, Jun. 9, 2009; the current Special Act on Public Housing; hereinafter “Public Housing Construction Act”), designated the Seoul, Gangnam-gu, D, Ewon 71,00 square meters as the B Bogeumjari Housing District, and publicly announced the Plaintiff as the project implementer of the B Bogeumjari Housing District Development Project (hereinafter “the instant project”). On April 27, 2010, the Minister of Land, Transport and Maritime Affairs announced the Plaintiff as the project implementer of the B Bogeumjari Housing District Development Project, and publicly announced as the F, the Minister of Land, Transport and Maritime Affairs officially announced the approval of the district plan with the size of the said District as 71,121 square meters, and the topographic map of the B Bogeumjari Housing District under the relevant laws and regulations as G.

On December 1, 2010, the Minister of Land, Transport and Maritime Affairs approved the designation and alteration of the Bogeumjari Housing District and the district plan under the relevant Acts and subordinate statutes with respect to the district, etc. determined by the designation and alteration of the said district and the alteration of the district plan, and announced

(hereinafter referred to as “instant district plan”). (b) The final district plan approved;

Land in the attached list of real estate incorporated into the project area of the instant land (hereinafter “instant land”) was managed by the Minister of Land, Transport and Maritime Affairs at the time of approval of the instant district plan, and was abolished on April 24, 2012, after the approval of the said district plan, and managed by the Minister of Strategy and Finance.

C. On June 21, 2012, the Plaintiff entered into a sales contract for the instant part of the land from the Defendant, respectively, completed the registration of ownership transfer based on the acquisition of the land for public use on May 25, 2012. On May 25, 2012, the Plaintiff paid KRW 23,564,50 to the Defendant as the purchase price pursuant to the sales contract for the instant land.

(See attached Table). (d)

The Plaintiff installing a new public facility is a public facility replacing the existing road according to the instant project.

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