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(영문) 서울서부지방법원 2016.10.19 2015가합31704
부당이득금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. After the implementation of the Housing Improvement Project in Zone B, the Minister of Construction and Transportation designated and publicly announced the Seoul Mapo-gu Seoul Metropolitan Government Seoul Metropolitan Government c large 135,000 square meters as a redevelopment project area for housing improvement in Zone B (Public Notice D. 2) on April 1, 197, pursuant to the Act on Temporary Measures for Housing Improvement Promotion ( enacted by Act No. 2581, Mar. 5, 1973; and effective December 31, 1981) which was enforced as of December 1, 1973, the supplementary intervenor designated and publicly announced the implementation plan for the redevelopment project for housing improvement in Zone B (public Notice D. 2) and the revision thereto on April 1, 197.

(E) On July 21, 1982, the redevelopment project zone for housing improvement was divided into 1-48 sections and divided into 1,2, and 3 areas. On October 23, 1979, the Defendant Intervenor approved the management and disposal plan and construction plan (Seoul Special Metropolitan City Notice G), and on July 24, 1980, the Defendant Intervenor approved the management and disposal plan and construction plan (the Seoul Special Metropolitan City Notice I), and on July 21, 1982, the Defendant Intervenor entrusted the Defendant with the implementation of the redevelopment project for housing improvement on January 13, 1987, and the implementation of the redevelopment project for housing improvement was changed from the Defendant Intervenor to the Defendant.

5) On July 24, 2008, the Defendant is the Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter referred to as the “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

Article 80(1) of the Addenda (Act No. 6852, Dec. 30, 2002) and Article 14 of the Addenda (Act No. 6852, Dec. 30, 2002) of the joint redevelopment method (the method of supplying the method of substitution) from the existing self-development method (the method of supplying the housing and appurtenant facilities to the method of constructing and supplying them), the project area shall be converted to the method of supplying the housing and appurtenant facilities, and the project area

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