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(영문) 서울중앙지방법원 2012.11.29 2010가합37276
부당이득금반환
Text

1. The defendant is each corresponding money stated in the column of “personal fee” in the attached Table 2 list to the plaintiff A, B, C, D, E, F, G, H, I, J, and K.

Reasons

1. Basic facts

A. On September 18, 2004, the Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) designated one MJ as an urban development project zone (title: N urban development zone) under the Urban Development Act on December 23, 2005. The Defendant was selected as the implementer of the above urban development project (hereinafter “instant project”).

B. On October 11, 2004, the Defendant publicly announced the compensation plan for the instant project, and publicly announced the criteria for relocation measures, including the criteria for persons eligible to be supplied with the instant apartment and the size of the apartment, and the application for relocation measures, on March 17, 2005, to ensure that those who lose their residential and living grounds in relation to the instant project will be specially supplied with the said project, and that those who lose their residential and living grounds will be newly constructed within the said project district (hereinafter “instant apartment”).

The main contents of the criteria for relocation measures are as follows:

A ground for the establishment and implementation of a plan: A person who has continuously resided in the relevant house from the base date to the date of concluding a compensation contract or the date of a decision on expropriation as a house owner in the relevant project district on April 29, 2003, which is three months before the base date: A person who has owned land of at least 1,000 square meters in the relevant project district before the base date before the base date to the date of public announcement of the compensation plan: A person who has transferred all the land owned by a person who has owned land of at least 1,00 square meters in the relevant project district and transferred all the land owned by a non-resident from the base date to the date of public announcement of the compensation plan from the base date to the date of public announcement of the compensation plan.

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