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(영문) 서울고등법원 2015.09.11 2013나48090
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On February 25, 2004, the development plan was designated by the Eunpyeong-gu Seoul Metropolitan Government NO, P Institute 3,495,248§³ as an urban development zone (R urban development zone; hereinafter “instant development zone”) under the Urban Development Act on February 25, 2004, and the Defendant (the name was changed to the name of the Seoul Special Metropolitan City Urban Development Corporation, and was changed to the name as of March 17, 2004) was designated as the implementer of the said urban development project (hereinafter “instant project”).

On January 15, 2004, the date of announcement for public inspection of residents to designate the development zone of this case as an urban development zone is January 15, 2004.

B. On October 19, 2004, the Defendant publicly announced the relocation measures concerning the instant project (hereinafter “instant relocation measures”), and the main contents are as follows.

The base date for the public announcement of relocation measures for R urban development zones: On November 20, 2002: Provided, That a tenant shall supply a apartment unit with an area for exclusive use by the area of 60 square meters or less within the business area to a person who owns a house on his/her own land before the base date and has continuously resided in the house concerned by the date of conclusion of the agreement or the date of expropriation decision on August 20, 2002, which is three months before the base date.

Provided, That a person who has consulted on compensation and voluntarily transferred shall be supplied with an apartment unit with an area of 85 square meters or less within the business area.

(2) Paragraph (1) shall apply mutatis mutandis where all members of the household who meet the requirements referred to in paragraph (1) and as of the base date are homeless outside the business area from before the base date to the public notice of a compensation plan

(3) The owner of an unregistered building without registration. (5) The owner of an unregistered building who owned an unauthorized building registered as a residential building on the ledger for management of unauthorized buildings within the business area from the base date to the date of conclusion of a contract for consultation or the date of adjudication of expropriation shall have the exclusive use area of not more than 60§³ in the business area.

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