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(영문) 부산고등법원(창원) 2015.04.30 2014나22362
부당이득금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On April 1, 1974, the Minister of Construction and Transportation: (a) designated on April 1, 1974, approximately 13,114,00 as an industrial base development zone (construction E public notice); and (b) on July 1, 1999, the Gyeongnam-do Governor designated “C Development Project” in the Changwon National Industrial Complex (hereinafter “instant Project”).

(2) In approving an implementation plan for the Plaintiff, the Plaintiff designated the Plaintiff as the project implementer (Seoul-do Public NoticeF) (hereinafter “Seoul-do Public Notice”), the Plaintiff decided to sell the land to the housing incorporated into the instant project in accordance with Article 36(1) of the former Industrial Sites and Development Act (amended by Act No. 837 of Apr. 6, 2007), Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Public Works Act”), Article 40 of the Enforcement Decree of the Public Works Act, the Regulations on Assistance to Residents of Changwon-si, and the guidelines for the sale of relocation.

3. Article 2 subparag. 2 of the Regulations on Assistance to Residents in Changwon-si, which is a building before January 24, 1989, on which the resident prior to the approval date of the implementation plan for the relevant district's project is to sell the housing site preferentially, and Article 2 subparag. 2 of the Regulations on Assistance to Residents in Construction.

2.(a)

According to Paragraph (3), a person eligible for the sale of a housing site for relocation shall own a building for relocation and be registered as a resident prior to the approval date of the project implementation plan for the relevant district, and shall be a person who actually resides therein; and

2. D.

According to Paragraph 1, a house constructed from April 1, 1974 to January 24, 1989 is registered as a resident before January 24, 1989, and is owned by the person who has been actually residing until the time of relocation, and is subject to general preferential sale.

B. On July 11, 1997, Defendant A made a move-in report from Jeju on July 11, 1997 to Sungwon-si H, Sungwon-si, Changwon-si, but the actual lot number at the place of residence was above I.

Defendant A, however, K.C. of the instant project council.

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