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(영문) 서울중앙지방법원 2015.08.21 2015가합526795
부당이득금
Text

1. The defendant 35,131,531 won to the plaintiff A, 28,806,180 won to the plaintiff B, 30,023,013 won to the plaintiff C, and 19,347.

Reasons

1. Basic facts

A. On February 25, 2004, the Mayor of Eunpyeong-gu Seoul Metropolitan Government (Seoul Metropolitan Government Notice No. 2004-58 on February 25, 2004, designated the project area designation and project plan of this case as an urban development zone (title: Pyeongtaek New Town Urban Development Zone) under the Urban Development Act; and the defendant designated the defendant as the implementer of the Eunpyeong New Town Urban Development Project (hereinafter “instant project”).

B. On June 24, 2004, the Defendant publicly announced the indemnity plan under the relevant Acts and subordinate statutes, and publicly announced the relocation measures concerning the instant project on October 19, 2004, and the main contents are as follows.

The base date for relocation measures for the head of Pyeongtaek New Town City: November 20, 2002; Provided, That the notice of the base date for relocation measures for the head of Seoul Special Metropolitan City Mayor was made on November 25, 2002;

Provided, That on August 20, 2002, which is three months prior to the base date, the tenant shall supply an apartment unit with an area for exclusive use by its occupant in the business area, to a person who has owned a house on his/her own land before the base date and has continuously resided in the relevant house before the date of concluding a contract for consultation or the date of ruling of expropriation.

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 registered omitted (1) owns an unauthorized building registered as a residence on the ledger for management of unauthorized buildings within the business area from the base date to the date of conclusion of a contract for consultation or the date of adjudication of expropriation, and supplies an apartment unit with an area for exclusive use by its occupant in the business area, to a person who continues to reside in the relevant house.

except that compensation.

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