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(영문) 서울중앙지방법원 2015.04.16 2014가합553424
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A housing redevelopment project promotion process 1) The Plaintiff is a housing redevelopment project project zoneed with the size of 51,483.6m2 in Seongdong-gu Seoul on October 31, 2006, and on June 29, 2007, Seongdong-gu Seoul on June 29, 2007 (hereinafter “instant project”).

(2) The Plaintiff, on April 23, 2009, commenced the instant project and completed the project on March 30, 2012, and obtained authorization for the completion of the project on May 18, 2012, and obtained authorization for the revision of the above management and disposition plan on November 15, 2012.

3) The collective housing newly built by the instant project is a total of 1,057 households [the total number of 847 households in units (i.e., 793 households in units, 45 households in units, and 9 households in units)]. The Plaintiff sold the said general sale 45 households and nine households in units of withholding facilities in general. B. Relevant statutes were amended by Act No. 13006, Jan. 2015; hereinafter “former School Site Act”).

The contents of the instant case are as indicated in the relevant provisions, and among them, the proviso to Article 5(1)5 (hereinafter “instant provisions”) that particularly problematic in relation to the instant case are as follows.

Article 5 (Imposition and Collection of Charges) (1) A Mayor/Do Governor may develop land to construct a detached house in the development project area and sell it in lots or impose and collect charges on and from a person who sells multi-family housing: Provided, That this shall not apply to any of the following development projects:

) Article 2 subparagraph 2 (b) through (d) of the Act (applicable to housing redevelopment projects, housing reconstruction projects, and urban environment rearrangement projects).

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