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(영문) 서울고등법원 2017.02.16 2012나26086
부당이득금
Text

1. Of the judgment of the first instance court, the parts of the judgment against plaintiffs A, B, G, H, C, K, D, and E are modified as follows:

The defendant.

Reasons

1. Basic facts

A. BJ district housing site development project: (a) on May 17, 2004, a district designation was made public inspection on May 17, 2004 regarding the BJ district housing site development project; and on December 31, 2004, the designation of a district was made public on September 23, 2005; and (b) on December 29, 2005, the approval of the development plan was obtained on December 29, 2005; (c) the total development area of the BJ district housing site development project was 210,113 square meters; (d) the paid supply area was 135,547 square meters; (e) the free supply area was 74,56 square meters; and (e) the road development area was 21,894 square meters in total, which was included in the entire free supply area.

B. On March 20, 2006, the Defendant announced a compensation plan on March 20, 2006 and notified the landowner and person concerned of the compensation plan.

The main contents thereof are as follows:

Seoul J District Housing Site Development Compensation Plans and Relocation Measures Announcement

1. The base date for relocation measures: May 17, 2004 (Provided, That for a tenant, February 17, 2004, the base date of which is three months before the base date);

2. Countermeasures for residence;

(a) A person who owns a house on his own land (1): A person who has owned a house on his own land in the business area continuously from the date before the date of concluding the agreement or the date of adjudication on expropriation until the date of the decision on expropriation (Provided, That if a person does not continuously reside in the relevant house as of the date of public announcement, a former household member, other than the relevant house, shall be a homeless from the base date of the public announcement of the compensation plan to the date of public announcement of the

Provided, That a person who enters into a contract for consultation and voluntarily emigrates shall be granted a right to move into an apartment unit with an area not exceeding 85 square meters for exclusive use, and a person who enters into a contract for consultation and voluntarily moves into an apartment unit with an area exceeding 85 square meters in the area of a permitted house or the area exceeding 170 square meters in the site with a permitted house

(b) A person who owns another person's land: A house in the business area shall be continuously owned from the base date to the date of conclusion of the agreement or the date of adjudication on expropriation.

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