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(영문) 서울중앙지방법원 2016.06.16 2015가합27533
부당이득금반환
Text

1. The plaintiff's conjunctive claim shall be dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. On October 23, 2002, the Plaintiff is a housing redevelopment association that obtained authorization from the Defendant to establish a housing redevelopment project for implementing a housing redevelopment project for B, 9,666 square meters in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”).

B. On June 30, 2003, the Plaintiff, upon filing an application with the Defendant for authorization to implement a project, newly built a road of 395 square meters in width (hereinafter “instant newly built road”), requested the Defendant to transfer the existing status to the management agency, instead of gratuitous reversion to the management agency (the current Ministry of Strategy and Finance) 85.7 (59.9 square meters) of the 65 square meters of the 93 square meters of the 93 square meters in Seoul, Dongjak-gu, Seoul, Seoul, the Government Administration (hereinafter “the Ministry of Strategy and Finance”), 6 square meters of the 40 square meters of the 702 square meters of the 3,442 square meters in B, 221 square meters of the 702 square meters of the 40.7 (0.9 square meters in width) and 86 square meters of the 86 square meters in width, to transfer the State-owned land without compensation.

C. On March 4, 2004, the Defendant sought opinions from the Mayor of Seoul Special Metropolitan City on whether the State-owned land subject to gratuitous transfer consents to the gratuitous transfer of the State-owned land.

On April 20, 2004, the Seoul Special Metropolitan City Mayor sent an official letter stating that he/she consents to the defendant, and the part concerning "b. transfer without compensation (disuse of use) and the status of alternative facilities (construction of new roads)" in the official document is as listed below.

The Seoul Metropolitan Government divided the amount of 352,00,000 won in the total amount of 352,012,150-526,110,00 (462,310,630,000,000) of 101 purchase (Possession) in August 8, 2009, 395462,310,000 for 352,00,000 for 352,012,150 for road construction expenses, 63,80,000,00 won in the total amount of 352,00,012,150-52,150,00 won in the total amount of 237,376,440,000 won in a non-high-rise area (road) in a public facility (road) to be newly installed by a landowner, but the Seoul Metropolitan Government divided the amount of 362,004,070

(85.7/93 of shares), I road, and 8m2, Seoul, Dongjak-gu, Seoul, but was divided into I on June 30, 2004;

J 137 square meters original.

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