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(영문) 서울중앙지방법원 2014.06.12 2013가합528971
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Under the provisions of Articles 5 and 11 of the former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 8852, Feb. 29, 2008; hereinafter “former Act on the Construction of Bogeumjari Housing, etc.”), the Plaintiff is the operator of the national rental housing complex development project in the Gunpo-dong, Sipo-si, Sipo-si, Sipo-si, Sipo-dong, Sipo-dong, Sipo-dong, and the 436,017 square meters in size as of August 4, 2005 under Article 205-247 of the Ministry of Construction and Transportation notification of the approval of the implementation plan for the national rental housing complex development project (hereinafter “the approval of the execution plan of this case”).

On May 7, 2010, the instant project was converted into a Bogeumjari Housing Complex development project pursuant to Article 48 of the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 9552, May 30, 201).

B. The Ministry of Construction and Transportation, at the time of the approval of the instant implementation plan, managed the State-owned land within the instant project district at the time of the approval of the implementation plan, and the Ministry of Strategy and Finance abolished on January 23, 2013, which was the date of the approval of the instant implementation plan, and managed by the Minister of Strategy and Finance on January 23, 2013.

C. Around August 3, 2009, the Plaintiff and the Defendant agreed on the free reversion of each of the instant lands to the Defendant on the ground that the land constitutes a “pre-existing public facilities” to be gratuitously reverted to the Plaintiff, an implementer under the former National Land Planning and Utilization Act (amended by Act No. 8250, Jan. 19, 2007; hereinafter “former National Land Planning Act”), which is applied mutatis mutandis pursuant to Article 19 of the former National Rental Housing Act, but the Defendant did not comply with the request.

1. Acquisition of each land of this case by consultation and payment of rent 1.

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