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(영문) 서울중앙지방법원 2012.02.17 2011가합34083
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relevant Plaintiffs owned a house in the Geumcheon-gu Seoul Metropolitan Government S and Gwangju Metropolitan Government T, and received the sale of W apartment in the V residential environment improvement district after the housing was removed by the Defendant, which was included in U construction works implemented by the Defendant.

B. 1) The Geumcheon-gu Seoul Geumcheon-gu Seoul Metropolitan Government Construction Project (hereinafter “instant project”)

The project was incorporated into a project district. The project of this case implemented by the Mayor of Seoul Special Metropolitan City was decided as urban planning facilities (road on May 30, 2002) by the Seoul Special Metropolitan City public notice X (AC). The implementation plan of urban planning facilities (road on November 28, 2008) was authorized by the Seoul Special Metropolitan City public noticeY (AAC) and the Gwangju Special Metropolitan City public notice AB (AB (AB, April 2, 2009). The implementation plan of urban planning facilities (road on April 2, 2009) was authorized by the public notice of the Seoul Special Metropolitan City public notice AA (AB, etc.) and the Gwangju Special Metropolitan City public notice AB (AB, 2009.2) as relocation measures for the housing owners who lose their base of livelihood due to the expropriation of housing in the project district of this case. The plaintiffs were selected through the Korea Land and Housing Corporation's residential environment improvement project in the AC Seoul Special Metropolitan City public notice(hereinafter referred to as the "instant apartment land supply").

3) Accordingly, the Plaintiffs concluded a sales contract with the Korea Land and Housing Corporation for each apartment building, and paid the sales price in full on the date indicated in the column for the payment date of the attached Table. [The fact that there is no dispute over the grounds for recognition, 1-18, 2-7, 10-1-18, 1-2, 3-1-3, 4-1, 2-2, 3-1, 3-2, 1-3, and 4-2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs' assertion is a relocation measure under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Public Works Act"), at the request of the defendant, who is a project executor.

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