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(영문) 서울동부지방법원 2016.08.17 2014가단1349
부당이득금
Text

1. The Defendant: (a) KRW 3,780,179 for each of the Plaintiff A and B; and (b) KRW 10,744,821 for each of the Plaintiff C; and (c) from March 15, 2016 for each of them.

Reasons

1. Basic facts

A. D was the owner of an unauthorized building located on the ground of Seongdong-gu Seoul Metropolitan Government and resided in the above building from August 13, 2007 to February 15, 2009. The above building was constructed before April 8, 1982.

On the other hand, as the owner of Seongdong-gu Seoul Metropolitan Government F Ground Building, the Plaintiff C resided in the above building from January 16, 1991 to April 12, 2006.

B. The Defendant implemented the following projects as public works under Article 2 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Land Compensation Act”).

(1) On April 14, 2005, the Defendant approved and publicly announced the “G Road Expansion Corporation” as the urban planning facility project (road) project (road), and on February 20, 2006, the Plaintiff provided the above building owned by himself for the said project, and on February 20, 2006, the registration of ownership transfer was completed under the name of the Defendant with the grounds for registration as the “acquisition of land for public use on February 16, 2006” as the “acquisition of land for public use.” The Defendant approved and publicly announced the “E-Road Parking Construction Corporation” as the project of urban planning facilities (parking) on March 25, 2008 (Public Notice I of Seongdong-gu Seoul Metropolitan Government), D provided the above unauthorized Building owned by himself for the said project, and on May 16, 2008, the registration of ownership transfer was completed under the name of the Defendant on May 15, 2008.

C. The Defendant, in accordance with the Rules on Special Supply of National Housing (amended by Seoul Special Rules No. 3616, Apr. 10, 2008; hereinafter “instant Special Supply Rules”), agrees D and Plaintiff C, etc. to specially supply the national housing to be constructed in the Korea Housing Site Development Project Area (hereinafter “instant project district”) located in the Jdong-dong Seoul Special Metropolitan City, Gangdong-gu Housing Site Development Project (hereinafter “instant project district”), and shall file an application therefor.

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