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(영문) 서울중앙지방법원 2012.10.12 2010가합66335
부당이득금
Text

1. The defendant shall pay to the plaintiffs each amount of money and each of the above money stated in the "amount of unjust enrichment" in the attached Table 2 attached hereto.

Reasons

1. Basic facts

A. On November 10, 2003, the Seoul Special Metropolitan City Mayor (1) designated the Defendant as the implementer of a L Urban Development Project when designating an urban development zone and approving a development plan with respect to the whole apartment unit of Gangdong-gu Seoul Metropolitan Government on November 10, 2003, approved the construction project plan on December 24, 2004, and approved the Defendant’s implementation plan on December 27, 2004. (2) The Defendant notified the landowner and related person of a compensation plan on October 8, 2004 as follows. (3) From November 10, 2003 to December 31, 2009, the Defendant announced the 2,331 households in the L Urban Development Project (300 households in exclusive use area of 59С, 1,978 households in exclusive use area of 84С in exclusive use area, and 53 households in exclusive use area of 114С in exclusive use area.

[Public Notice of Criteria for Relocation Measures for L Urban Development Zones] The ground for the formulation and implementation of the plan: Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40 of the Enforcement Decree of the same Act as the base date for relocation measures: July 9, 2003; Provided, That a tenant shall supply not more than 60§³ of apartment units in the project area to a person who owns a house on his/her own land from the base date to the date of conclusion of the agreement or the ruling of expropriation, and has resided in the house concerned on the basis of the classification of residential measures;

Provided, That a person who enters into a contract for consultation and voluntarily takes an action shall be supplied with not more than 85§³ of apartment units in the business area.

(2) Paragraph (1) shall apply mutatis mutandis to a person who has not owned a house on his/her own land before the base date and has not resided continuously in the business zone, if the former household member is homeless from before the base date of relocation measures to the date of public

(3) The owner of a house as of the date of public announcement of the indemnity plan for acquisition after the relevant base date shall own the house within the business area as of the date of public announcement of indemnity plan.

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