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(영문) 인천지방법원부천지원 2012.09.20 2011가합4505
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. In accordance with the Housing Site Development Promotion Act on August 31, 2004, Kimpo-si D, E, and F Council members were designated and publicly announced as the "G Housing Site Development District (hereinafter referred to as the "instant housing site development project")" (hereinafter referred to as the "instant housing site development project"), and the Korea Land Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter referred to as the "Defendant") which is the executor of the instant housing site development project, was merged with the defendant on December 13, 2006, after obtaining the approval of the housing site development plan on December 13, 2006, the designation of the planned housing site development district, the alteration of the housing site development plan, and the implementation plan on October 29, 2007, and each approval was obtained with respect to the designation and alteration of the planned housing site development district (5j) and the alteration of the housing site development plan (2).

B. The Defendant, as his dwelling is incorporated into the instant housing site development project zone, intended to specially sell a detached house site for the joint use of a store to be developed within the instant housing site development project zone to those who lose their living base due to the expropriation of his own housing or land, etc., and determined the sale price of the housing site to be specially supplied to the person subject to relocation measures and the sale price of the housing site to be supplied to ordinary consumers differently as follows:

(1) According to Article 13-2(7) of the former Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 20722 of Feb. 29, 2008) and Article 18(1) [Attachment 3] of the Housing Site Development Promotion Guidelines (wholly amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 376 of Aug. 21, 2009), the housing site construction site in the same metropolitan area as this case provides that the housing site supply price shall be at appraisal price, and the defendant shall supply the housing site at appraisal price when supplying it to a general consumer who is not a person subject to relocation measures, and actually supplied it as appraisal price.

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