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(영문) 서울중앙지방법원 2018.08.17 2017가단5106025
부당이득반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 17, 2005, the Plaintiff registered the establishment of a corporation for the purpose of housing redevelopment improvement project (hereinafter “instant rearrangement project”) on a lot of 431 Won-dong, Busan Dong-dong 431.

B. On May 7, 2008, the Plaintiff obtained the authorization from the head of the Dong-gu Busan Metropolitan City head of the Dong-gu Busan Metropolitan City on the construction site of the instant rearrangement project zone from the head of the Gu with the main contents of the construction, such as apartment houses with three underground floors and nine to twenty-seven-seven-seven households, and ancillary and welfare facilities, and the construction of rearrangement infrastructure and the abolition of use as indicated below.

The whole land and facilities shall be gratuitously reverted to the management authority after the implementation is made at the charge of the Plaintiff at the charge of the total amount of 5,59.80 square meters of 2,552.90 square meters of 638.00 square meters of a road ditch with a road 4,638.3 square meters of 4,020.8 square meters of a road, which is a type, scale, operator, and the burden of the owner of a

C. In approving the above rearrangement project, the head of the Dong and Dong have added the following conditions to the approval terms and conditions (hereinafter “instant approval terms and conditions”):

General terms and conditions 24. The implementation time of the procedures, in consultation with the relevant department (agency) for the transfer, purchase, disuse, cadastral division, transfer of ownership, etc. of state-owned or public land in the project site;

Terms and conditions for each relevant agency (department) / [Finance department]

1. State-owned and public land in a project site shall be paid in advance prior to the commencement date of use for the exclusive use of the project implementer, such as the installation of fences, and if not, compensation shall be imposed pursuant to the provisions of Article 81 of the Public Property and Commodity Management Act. State-owned and public land in the project site shall be purchased with the area submitted by the project implementer for a cost purchase of state-owned and public land (including public land and existing miscellaneous property whose use is discontinued within the project zone determined to be impossible from gratuitous transfer from the living administration department, which is the administrative property management department, and the disposal price of public

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