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(영문) 서울고등법원 2015.10.30 2012나73020
부당이득금반환
Text

1. Of the judgment of the first instance court, the part against plaintiffs E, F, G, H and J shall be modified as follows:

The Defendants are jointly and severally.

Reasons

1. Basic facts

A. On August 10, 2004, the Defendants agreed to jointly implement an urban development project for K and Cheong-si in Seoul Special Metropolitan City (hereinafter “instant project”) with a project cost of 50% each, which is planned to be designated as an urban development zone. On September 18, 2004, the Seoul Special Metropolitan City Mayor designated the said planned area as an urban development zone, and designated the Defendants as a joint project implementer of the instant project while approving an urban development plan. On December 22, 2005, the Defendants approved the instant project implementation plan, and approved the housing construction project plan on December 30, 2005.

On the other hand, on July 29, 2003, the date of announcement for public inspection of residents to designate the development zone of this case as an urban development zone.

(hereinafter referred to as “the date of the instant public inspection”). B.

The Defendants: (a) newly constructed and sold a N apartment (hereinafter “instant apartment”) with 1,145 square meters (231 square meters in exclusive use area, 84 square meters in exclusive use area, 824 square meters in exclusive use area, 114 square meters in exclusive use area, 90 square meters in exclusive use area) in the instant business district; (b) publicly announced the compensation plan for the instant apartment project on October 11, 2004; and (c) publicly announced the criteria for relocation measures on March 17, 2005; and (d) the main contents are as follows.

A public announcement of the criteria for relocation measures for M urban development zones: A person who has not continuously resided in the relevant house from before the base date to the date of concluding the compensation contract or the date of ruling on expropriation on April 29, 2003, which was before the base date: A person who has not continuously resided in the relevant house from before the base date to the date of the public announcement of the compensation plan: A person who has been a person who has been a person who has been a person who has been a non-resident of the relevant house from before the base date to the date of the public announcement of the compensation plan: A person who has been a person who has been a non-resident of the relevant project from before the base date to the date of the public announcement of the compensation plan: Land owned with at least 1,00 square meters within the relevant project zone from the base date:

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