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(영문) 서울중앙지방법원 2019.07.03 2015가합581792
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is the former Urban Development Act (amended by Act No. 8616, Aug. 3, 2007; hereinafter “former Urban Development Act”).

Pursuant to the Defendant’s notice on June 28, 2007, the designation of the urban development zone B and the approval of the development plan for the development zone C urban development project (hereinafter “instant project”).

(2) On May 28, 2009, the Seoul Special Metropolitan City Mayor publicly announced the authorization of the implementation plan for the project of this case.

B. According to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Plaintiff purchased 63,714 square meters in total, including each real estate listed in the separate sheet, from the Defendant and the Defendant on June 30, 2010 for the instant project (hereinafter “instant contract”) in KRW 98,618,441,450, pursuant to the terms and conditions that the Plaintiff purchased 38,714 square meters in total, including each real estate listed in the separate sheet from the Defendant and the Defendant for the instant project (hereinafter “instant contract”).

(2) The Plaintiff paid the full amount of the purchase price to the Defendant on the date of the instant contract. The purchase price for each real estate listed in the separate sheet is KRW 4,004,772,90, as stated in the separate sheet.

C. The Plaintiff, while carrying out the instant project, installed new roads, parks, green areas, and rivers replacing the existing roads, rivers, ditches, etc. in the project site. 2) The new public facilities installed as mentioned above were gratuitously reverted to the Defendant under the former Urban Development Act.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2.The provisions of the former Urban Development Act relating to this case are as follows:

Article 65 (Reversion, etc. of Public Facilities) (1) Any undertaker provided for in Article 11 (1) 1 through 3 shall install new public facilities or existing public facilities.

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