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(영문) 서울고등법원 2013.05.01 2012나31118
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) who falls under the following order for payment.

Reasons

1. Basic facts

A. The instant forest land ownership of the designated parties is acquired 1) Seocho-gu Seoul Metropolitan Government DoD Forest land 21,431m2 (hereinafter “instant forest”)

) The Plaintiff was originally owned by DC, and the designated parties, including the Plaintiff, acquired each share listed in Section 3 of the Schedule No. 2 from DC or their successors on each date listed in Section No. 4 of the Schedule No. 2. 2) After that, U sold to DI on April 30, 201 1,653/21,431 of the instant forest land, and completed the registration of ownership transfer on May 6, 201.

B. 1) The Minister of Construction and Transportation shall determine urban planning facilities related to DG neighborhood parks (hereinafter “instant park site”) on July 9, 197, including the instant forest land as DE published by the Construction Division on July 9, 197 and 350,200 square meters of the relevant daily land (hereinafter “instant park site”).

On May 29, 1982, the Seoul Special Metropolitan City Mayor publicly notified DJ on May 29, 1982, issued a cadastral approval and public notification with respect to the above urban planning facilities (parks). 2) The Minister of Construction and Transportation publicly notified DF of the Construction Division on November 3, 1984, publicly notified DG neighboring Park (the name was changed to DG neighboring Park) creation plan, and the Mayor of Seoul Special Metropolitan City publicly notified DL of Seoul Special Metropolitan City on November 19, 1984.

The detailed details of facility records and road records of the above park building plan shall be as shown in the attached Table 4.

3) On August 3, 1985, the Mayor of Seoul Special Metropolitan City (DM) shall undertake an urban planning project (DK Green Park creation project; hereinafter referred to as “instant park creation project”) on the parcels of the Seocho-gu Seoul Metropolitan Government DN and 102, including the instant forest and field, with DM announced publicly.

A project operator shall be designated as "the head of Gangnam-gu, the date of commencement of the project, September 1, 1985, and October 31, 1986," and the approval and notification of the implementation plan was made as "the scheduled date of completion of the project," and on November 1, 1985, the operator of the project shall be changed from the head of Gangnam-gu Seoul Metropolitan Government public notification DO to the head of Gangnam-gu Seoul Metropolitan Government.

C. The instant case.

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