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(영문) 서울중앙지방법원 2012.10.24 2011가합38733
부당이득금반환
Text

1. The defendant's unjust enrichment calculation table for each of the plaintiffs = The amount of unjust enrichment = The cost of installing basic facilities for living.

Reasons

1. Basic facts

A. 1) On December 3, 2004, Mapo-gu Seoul Mapo-gu Housing Site Development Project is designated by the Ministry of Construction and Transportation as a planned housing site development area (title: C district) under the Housing Site Development Promotion Act, and the development plan was approved. The Defendant is the said C district housing site development project (hereinafter “instant project”).

(2) Plaintiff D, E, F, G, H, I, J, K, L, M, M, N,O, and Q and R (hereinafter the rest of the Plaintiffs, other than the Plaintiffs, were incorporated into the instant project district executed by the Defendant, and each of their own real estate was provided for public services.

3) On February 13, 2006, the Defendant publicly announced an indemnity plan as of March 2, 2004, setting the base date for the relocation measures regarding the instant project as of March 2, 2004, and notified the landowner and the person concerned of the compensation plan at that time. (4) The development area of the instant project is 341,81 square meters, and among which, it is 193,538 square meters, the amount of paid-in supplied land is 193,538 square meters, and

5) The total project cost of the instant project is KRW 513,97,26,97,958 as listed in the following table. Of them, the total project cost of the instant project is KRW 363,206,927,245, the amount classified as follows: 591,239,239,000 creation cost of KRW 32,522,321,340; 32,073,93,859 direct labor cost of KRW 1,801,676,131 relocation measures cost; 1,576,025,97 indirect non-sale cost x 560,03,839,379, 790, 795, 794, 215, 324, 513, 97, 2626, 958, and 32,000,000 direct labor cost x (2,004,00.

B. A special supply of national housing is to be made in the instant project district.

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