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(영문) 서울중앙지방법원 2020.06.18 2018가합585269
부당이득금
Text

1. The Defendant: (a) KRW 572,182,00 for the Plaintiff and the Plaintiff’s KRW 1.82% per annum from July 10, 2018 to September 30, 2018; and (b) the Plaintiff’s KRW 572,182,00 for each year.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established with the aim of promoting the improvement of national housing life and the efficient utilization of national land by acquiring, developing, reserving, and supplying land, developing, and maintaining an urban development, and constructing, supplying, and managing housing. The Plaintiff is the head of the Dong-gu Daejeon Metropolitan City (hereinafter “head of Dong-gu”).

From December 24, 2008, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9401, Jan. 30, 2009; hereinafter “Urban Improvement Act”).

) Authorization for project implementation under Article 28 (hereinafter referred to as “authorization for project implementation of this case”).

(2) On October 22, 2015, the project implementation authorization (hereinafter “instant project implementation authorization”) was obtained and revised on October 22, 2015.

(2) At the same time, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong (hereinafter referred to as the “instant project area”).

(2) A residential environment improvement project in Zone Two (hereinafter “instant project”).

(2) The Defendant was the owner who completed the registration of ownership preservation or the registration of ownership transfer with respect to each land listed in the separate sheet included in the instant project zone.

B. At the time of the instant project implementation authorization to be incorporated into the instant project zone as indicated in the separate sheet, the land listed in paragraph (1) of the attached Table (hereinafter “each of the instant lands” was incorporated into the project zone. In addition, each of the instant lands was incorporated into the project zone. At the time of the implementation authorization of the instant project, ② at the time of the implementation authorization of the instant project, the land was incorporated into the project zone; ② at the time of the implementation authorization of the instant project, the land was divided into the Daejeon-dong, Daejeon-dong, Daejeon-dong, 137-32, 110.4 square meters (hereinafter “ Daejeon-dong”) and the remaining, 137-4 square meters, 192.6 square meters (2 square meters), 341-18 square meters, 341-19, 1,827.8 square meters, which was divided from the 341-182,827.9 square meters, the remainder of the instant land divided into the project zone.

C. The Plaintiff’s each of the instant cases against the Defendant

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