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(영문) 서울고등법원 2014.01.09 2012나92632
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is listed in the "Plaintiff" column in the annexed calculation sheet of attached Table 1.

Reasons

1. Basic facts

A. On October 23, 2002, the Seoul Special Metropolitan City Mayor published a plan to implement an urban development project under the Urban Development Act (hereinafter “instant project”) with respect to a Wedon district, etc. of Eunpyeong-gu Seoul Metropolitan Government, Incheon, U Ilbu 3,593,000 square meters for the development of the Seoul Southernbuk-gu area, and on November 25, 2002, on November 20, 2002, the base date for the relocation measures of the instant project was determined and announced as November 20, 2002.

(Public Notice AC) After December 30, 2003, the Mayor of Seoul Special Metropolitan City approved the designation of an urban development zone from the Minister of Construction and Transportation on December 30, 2003, and on February 25, 2004, the defendant (the name was the Seoul Special Metropolitan City Urban Development Corporation, and the name was changed to the current name on March 17, 2004) as the project implementer and publicly notified the designation of the project area and the project plan of this case.

B. On October 19, 2004, the Defendant announced the relocation measures for the instant project, and the main contents are as follows.

The base date for the public announcement of relocation measures for W urban development zones: On November 20, 2002: Provided, That on August 20, 2002, a tenant shall supply a apartment unit with an exclusive area of 60 square meters or less within the business area to a person who owns a house on his/her own land from before the base date to the date of conclusion of a contract for consultation or the date of expropriation decision on August 20, 2002, which is three months before the base date.

Provided, That a person who has consulted on compensation and voluntarily transferred shall be supplied with an apartment unit with an area of 85 square meters or less within the business area.

(2) Paragraph (1) shall apply mutatis mutandis where all members of the household who meet the requirements referred to in paragraph (1) and as of the base date are homeless outside the business area from before the base date to the public notice of a compensation plan

(3) The owner of an unauthorized building omitted (1) has been registered as a residential building on the ledger for the management of unauthorized buildings within the business area since the base date, and the date of conclusion of a contract for consultation or consultation.

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