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(영문) 서울중앙지방법원 2014.04.18 2013가합543307
부당이득금
Text

1. The Defendant’s KRW 956,489,00 among the Plaintiff and KRW 738,777,00 among the Plaintiff, shall be KRW 217,712,00 from June 26, 2013, and KRW 217,712,00.

Reasons

1. Facts of recognition and related statutes;

A. The Gwangju Metropolitan City Mayor, on January 7, 2009, publicly announced the Special Metropolitan City Mayor’s implementation of an urban development project and acquisition of the Plaintiff’s real estate pursuant to Articles 4 and 17 of the former Urban Development Act (amended by Act No. 11068, Sept. 30, 201) as the Seoul Metropolitan City’s announcement pursuant to Article 208-190 of the Gwangju Metropolitan City Urban Development Act (amended by Act No. 11068, Sept. 30, 201) that publicly announced “a plan to develop an urban development project (amended) and authorization of an implementation plan for an urban development project (hereinafter “Gwanju Urban Development Project”).

(2) On September 25, 2012, the Plaintiff is the project implementer of the foregoing Gwangju Metropolitan City urban development project. (2) The Plaintiff requested the head of the Nam-gu Gwangju Metropolitan City to gratuitously transfer the above 41 parcel out of the above 41 parcel, based on Article 66(1) of the former Urban Development Act and Articles 65 and 99 of the former National Land Planning and Utilization Act (amended by Act No. 11690, Mar. 23, 2013). However, on October 16, 2012 and November 14, 2011 of the same year, the head of the Nam-gu Gwangju Metropolitan City requested the Plaintiff to gratuitously transfer the said 41 parcel out of the above 41 parcel to the Plaintiff, who is the project implementer, on the ground that the said 55-40 square meters and 45-40 square meters of the Nam-dong-dong, Gwangju Metropolitan City and the said 621-3 square meters of the Nam-dong, Nam-dong, and thus, the Plaintiff’s refusal of the above land.

3) On November 20, 2012, the head of Gwangju Metropolitan City, the head of the Gu abolished each use of the instant Gwangju-do land and changed the category of land into “previous”. Accordingly, the Minister of Strategy and Finance, the managing authority, delegated the disposal of each of the above land to the Korea Asset Management Corporation. 4) The Plaintiff delegated the disposal of each of the above land to the Korea Asset Management Corporation on June 18, 2013.

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