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(영문) 서울서부지방법원 2018.05.17 2017가합36581
부당이득금
Text

1. The Plaintiff:

A. Defendant Seodaemun-gu’s KRW 5,181,396,500 and its related thereto from August 25, 2017 to May 17, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established by obtaining authorization for establishment from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant rearrangement project”).

B. On September 4, 2007, the head of Seodaemun-gu shall authorize the Plaintiff to implement the instant rearrangement project; “State-owned or public land incorporated in the instant rearrangement zone shall acquire ownership before the project implementer commences the project implementation authorization (Article 1 of the General Conditions)”; “The disposal plan, such as the plan for gratuitous transfer within the zone, and the sale of state-owned or public land, shall be performed according to the result of consultation with the competent management authority (Article 25 of the General Conditions),” and “the indemnity and rent shall be paid in advance (Article 26 of the General Conditions).”

C. The Plaintiff obtained approval of a management and disposition plan on June 26, 2008. Among them, the entry of the “infrastructure for rearrangement” in the “infrastructure for rearrangement” is indicated as KRW 71,312.70 square meters in the area of infrastructure for rearrangement, and installation costs, as KRW 228,137,248,815 in the instant rearrangement project, and the area of the disused infrastructure for rearrangement is indicated as KRW 50,560 square meters in the area of the disused infrastructure.

In addition, as of July 18, 2007, the appraised value as of July 18, 2007, is KRW 110,266,984,60, and KRW 222,73,168,220, respectively.

The Plaintiff, on August 31, 2012, pursuant to the terms and conditions of the project implementation authorization as above, purchased 27 lots, including 1,443 square meters in Seodaemun-gu Seoul Metropolitan Government, D large 19 square meters, and 63 square meters in E large 63 square meters (hereinafter collectively referred to as “instant 1 land,” and the lot number shall be indicated only when they are individually mentioned) with Defendant Seodaemun-gu, Seoul Metropolitan Government in the instant rearrangement zone.

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