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(영문) 의정부지방법원고양지원 2016.10.26 2015가합75339
부당이득금
Text

1. The defendant shall pay to the plaintiff KRW 248,417,921 as well as KRW 69,618,832 as to the plaintiff from January 1, 2009, and KRW 88,864.

Reasons

1. Basic facts

A. On December 29, 2004, the Defendant filed an application for approval of the housing construction project plan with the Mayor of Pakistan on December 29, 2004 in order to newly construct ten and 391 households of apartment C (hereinafter “instant apartment”).

B. On March 21, 2006, in approving the said housing construction plan, the Pakistan market connected to the instant apartment construction site, and determined the area of 12,353 square meters (hereinafter “instant school site”) in which the area includes 12,353 square meters and F 3,604 square meters (hereinafter “each of the instant land”) prior to E, Jeonju-si, Jeonju-si (hereinafter “instant school site”) as the site for school facilities (hereinafter “decision on the instant urban planning facilities”).

C. On November 7, 2006, the Defendant filed an application for change of the housing construction project plan with the content that 10 apartment units and 391 apartment units and 13 households and 539 households and approved on December 22, 2006.

On November 15, 2012, the Plaintiff filed an application for cancellation of the above decision with the mayor of the Pakistan, and on January 18, 2013, the mayor of the Pakistan rejected the Plaintiff’s application for cancellation on the ground that “the occupant of the instant apartment is an occupant of the contract in accordance with the public announcement of sale, including school sites, and the submission of the written application for cancellation at the Office of Education and Human Resources Development after obtaining consent from the occupant of the instant apartment after submitting the written application for cancellation at the Office of Education and Human Resources, the implementation of the relevant administrative procedures is possible.”

E. Accordingly, the Plaintiff filed an administrative litigation seeking the revocation of the above rejection disposition (the Jung-gu District Court Decision 2013Guhap15076) and the above court rendered a decision revoking the above rejection disposition on September 3, 2013, and the judgment was dismissed on January 17, 2014, but the above decision became final and conclusive around that time.

F. On April 22, 2014, the strike Mayor revoked the determination of the instant urban planning facilities (schools).

G.D died on April 25, 2012 (hereinafter “D”), including the Plaintiff.

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