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(영문) 의정부지방법원 2017.01.18 2016가단104418
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The Minister of Construction and Transportation, around October 2001, designated a daily area of 9,376,000 square meters as a housing site development area, including Seongbuk-gu, Sungnam-si and D, and approved and publicly notified the plan for the housing site development of the E district around that time. Gyeonggi-do, Korea Land Corporation, Korea National Housing Corporation, and Sungnam-si as a project implementer of each one district.

On October 2003, Sungnam-si, etc. announced the future compensation procedures, the method of determining compensation types and compensation, the criteria for determining measures for relocation, and the determination of measures for living conditions at around that time under the title of "the current status of the project and guidance for compensation" of the housing site development project. The main contents of the living measures among the above compensation guidance are as follows:

- The subject: A person (excluding a corporation) who has received compensation for all land, goods, etc. under his/her ownership through consultation with respect to the housing site development project, and is subject to relocation measures, a farmer (a self-employed farmer, a leased farmer), a facility seed farm, a flower farmer, and a livestock farmer - a person meeting a specific standard from among those subject to relocation measures, a supply scale: 6 square meters or eight square meters: the supply price for commercial land or neighborhood facilities - the supply price for commercial land or neighborhood facilities - a method of appraisal - a joint owner of a cooperative or a resident organization falls under the subject of a supply of a land

On August 10, 2007, Sungnam-si made a public announcement of supply of the E-living site, and the main contents are as follows:

- Qualification for application: A person selected as a person to be supplied with a living countermeasure site in relation to the instant project - A person selected as a person to be supplied with a living countermeasure site: A person selected as a person to be supplied with a living countermeasure site constitutes a partnership in the form of a non-corporate group autonomously and the representative elected by the partnership formed a living countermeasure site in the form of a partnership and entered into a supply contract with

- The president, officers, and members of an association must be the recipients of land for livelihood countermeasures.

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