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(영문) 서울고등법원 2018.12.14 2017나2064973
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is a local government, and the Defendant (formerly: B Co., Ltd.) is a company operating electric source development business, etc. under the Electric Source Development Promotion Act.

B. On May 30, 2008, the Minister of Land, Transport and Maritime Affairs publicly announced on May 30, 2008 that the development plan newly established and developed with the designation of the district and the change of the implementer of the internationalization planned district and the planned housing development district designated pursuant to Article 21(1) of the Special Act on the Support, etc. of Pyeongtaek-si and the Prearranged for Housing Development before the usfk base was approved pursuant to Article 23(1) of the same Act (Public Notice D of the Ministry of Land, Transport and Maritime Affairs). The name of the district of the said planned district and the planned area for housing development in the "Seoul Internationalization planned district and the planned area for housing development" (hereinafter collectively referred to as the "C district of this case"), and among them, the housing site site district is

) On the other hand, the project implementer was replaced on October 1, 2009 by the Gyeonggi-do Governor and the President of the Korea Land Corporation, and became the Korea Land and Housing Corporation after being merged with the Korea Land and Housing Corporation. hereinafter referred to as the “Korea Land and Housing Corporation” in total before and after the merger, respectively (hereinafter referred to as the “President, the President of the Gyeonggi-do Land and Housing Corporation,” respectively, changed to the “President, the President of the Gyeonggi-do Land and Housing Corporation,” as published by the Ministry of Land, Transport and Maritime Affairs.

A) The instant C district is approved. It is approved that the area of the instant district should be changed to “17,461,000 square meters for the internationalization planned district (17,461,00 square meters for the site district)” as “17,482,181 square meters for the internationalization planned district (13,516,181 square meters for the site district, 3,966,000 square meters for the industrial complex). The instant C district shall be promoted within the instant C district (hereinafter “instant C district development project”), and among them, the housing site development project shall be “the instant housing site development project.”

(2) The housing site development project of this case is approved.

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