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(영문) 수원지방법원 2015.03.20 2014나29596
부당이득금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Minister of Construction and Transportation (1) around October 2001, the Minister of Land, Infrastructure and Transportation designates a daily source of 9,376,000 square meters, including Sung-nam-si E and F, as a prearranged area for housing site development, and around that time, the D area housing site development (hereinafter “instant project”).

A) Around October 2003, the plan was approved and publicly announced, and the Gyeonggi-do, the Korea Land Corporation, the Korea National Housing Corporation, and the Sungnam-si were designated as a project implementer for each of the above housing site development projects. (ii) Around October 2003, Sungnam-si, etc. notified the current status of the project and the title "the project" of the compensation procedure in the future, the method of determining compensation types and compensation, the measures for relocation, and the criteria for determining measures for living conditions, and announced the same around that time. The main contents

Persons subject to the above housing site development project: The supply price of all land, goods, etc. owned by the person subject to the relocation measures, the person who has received the business compensation, the farmer (excluding a corporation), the person who meets the specific standards from among the farmers, the facilities, the stock gathering farmers, the flowers farmers and the livestock raisers: The supply price of land for commercial or neighborhood facilities: The supply price of land for commercial or neighborhood facilities: The joint land of the cooperative or the resident organization;

B. 1) The purchase and sale of the right to purchase the land for livelihood countermeasures 1) C is a district subject to housing site development of the E-gu branch of the Sungnam-si, Sungnam-si (hereinafter “instant project district”).

(2) On February 17, 2004, the Defendant purchased the purchase price of KRW 68,000,000 as the purchase price for the residential countermeasure site (hereinafter “instant purchase price”) to be supplied by C from February 17, 2004.

(3) On November 23, 2006, the Plaintiff purchased the instant sales right from the Defendant and paid KRW 71,000,000 to the Defendant (hereinafter “instant sales contract”).

(c) Site for countermeasures;

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