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(영문) 서울중앙지방법원 2016.06.24 2015가합573128
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In accordance with the former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 7051 of Dec. 31, 2003), the Minister of Construction and Transportation (i) designates the area of 263,662 square meters in Gangnam-gu, Seoul as a planned area for the national rental housing complex, and (ii) designates the Plaintiff as a planned area for the national rental housing complex in Seoul, the Seoul, the housing complex development project for the national rental housing complex (hereinafter “instant project”).

(2) On December 29, 2005, the Minister of Land, Transport and Maritime Affairs announced the designation and implementation plan of the pre-sale area including the change of the pre-sale area into 263,814 square meters in Seoul, Gangnam-gu, Seoul, the Ministry of Land, Transport and Maritime Affairs as a public announcement under Article 2005-477 of the Ministry of Construction and Transportation. (2) The Minister of Land, Transport and Maritime Affairs (amended by Act No. 9071 of Mar. 28, 2008) based on the former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 9071 of Jan. 1, 2009; hereinafter referred to as the “former National Rental Housing Act”) and approved the change of the pre-sale area and implementation plan thereof on December 29, 2008, and publicly announced as the Ministry of Land, Transport and Maritime Affairs notification.

(2) In the case of the execution plan of this case, the part on “the specification and disposal plan of public facilities, etc. under Article 19 of the Act” in the part on “4. Free reversion of land and the protocol and drawings of public facilities” in the contents of the execution plan of this case is indicated as follows: (a) the land acquired in each location was incorporated into the project district of this case into the three lots of land indicated in the “location lot” column in the attached Table; and (b) the area indicated in the “area for compensation” in each of the above land is the same as the actual use status is different from the land category; and (c) the remaining area excluding the area indicated in the “area for compensation” shall be reverted to the Plaintiff free of charge, since the actual use status is a river or road.

In the case below, this case.

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