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(영문) 서울중앙지방법원 2015.05.08 2013가합89674
부당이득금반환
Text

1. The plaintiff AB's action shall be dismissed.

2.(a)

Plaintiff

Defendant Seoul Special Metropolitan City to AC refers to the “personal amount” in attached Table.

Reasons

1. Basic facts

A. On October 23, 2002, the Seoul Special Metropolitan City Mayor published a plan to promote an urban development project under the Urban Development Act (AJ development project) with respect to the Eunpyeong-gu Seoul Special Metropolitan City AGH, AI large 3,593,000 square meters AJ district, etc. for the development of the Seoul Northern area. On February 25, 2004, the Seoul Special Metropolitan City public notice AK published the Seoul Special Metropolitan City public notice, and the Defendant SAD Corporation (the name at that time was the Urban Development Corporation, and the name was changed as of March 17, 2004; hereinafter “Defendant Corporation”) was changed to its name as of March 17, 2004, and publicly notified the designation of the instant project area and the project plan.

On the other hand, on October 24, 2002, the Seoul Special Metropolitan City Mayor decided a plan to create urban planning facilities (NN park creation projects) under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) as a AL published by Seoul Metropolitan Government for the purpose of creating a park.

(E) On April 10, 2004, the Eunpyeong-gu Seoul Metropolitan Government announced AP to determine the plan to create urban planning facilities (AR Park creation project) for the AP of Eunpyeong-gu Seoul Metropolitan Government as the head of Eunpyeong-gu.

(A) On October 9, 2006, the Plaintiffs publicly announced the project implementation plan for the project as the Seoul Special Metropolitan City announced by the Seoul Special Metropolitan City Mayor (AS). The Plaintiffs are either the persons who provided housing, etc. to the public works of this case or their successors as the housing, land, etc. owned by them are incorporated into the project district of the said public works (hereinafter referred to as the “public works of this case”). Of them, in the case of AT succeeded by the Plaintiff AD, not only includes the ownership of the housing, etc. in the project district of the AR park development project implemented by the Seoul Special Metropolitan City Mayor, but also the remaining Plaintiffs except the Plaintiff AB, in the AR park development project district of the AR park development project implemented by the Seoul Special Metropolitan City Mayor.

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