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(영문) 서울중앙지방법원 2012.11.29 2011가합41609
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Minister of Construction and Transportation, on October 7, 1998, designated the Korea Land Corporation (Korea Land Corporation and the Korea National Housing Corporation newly incorporated as Defendant on October 1, 2009) as a prospective housing site development area, and designated the Korea Land Corporation as a project implementer of the said prospective housing site development area (hereinafter “instant housing site development project”).

The Korea Land Corporation obtained approval of the implementation plan for the housing site development project of this case on February 5, 2001.

B. According to the implementation of the housing site development project of this case, the Defendant decided to specially supply a detached housing site to be developed in the housing site development project district of this case by means of a relocation measure against those who lose their base of livelihood due to the expropriation of the owned housing, land, etc. (hereinafter “persons subject to relocation measures”).

C. The Defendant set the sale price of the housing site to be specially supplied to the person subject to the relocation measures (hereinafter “the instant resettled housing site”), and set the supply price per 1 square meter of the area to be supplied in accordance with Article 17 of the Rules on the Establishment and Implementation of Relocation Measures, which is the Defendant’s internal regulations, as KRW 707,836.

(The average of the formula in subparagraphs 1 and 2 of attached Table 2 of the above established rules exceeds 884,795 won as development cost exceeds 80%, and the development cost is set at 80%. As to a parcel whose supply area is 230 square meters or less, the Defendant supplied the price calculated by multiplying the above standard supply price by the ratio of "value calculated by multiplying the total of "area of all parcels subject to relocation measures and the gap" by the ratio of "value calculated by multiplying the above standard supply price by the area and the difference in the area of each parcel" (hereinafter referred to as "resettled price"). As to a parcel whose area exceeds 230 square meters, the Defendant supplied the appraisal price determined by the formula in which the area is 230 square meters or less by the total of the appraisal price for the excess portion.

The migrants price = the total supply price = the area for each parcel of TPPS, the difference rate for each parcel of TPPS.

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