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(영문) 서울중앙지방법원 2012.08.17 2010가합62951
부당이득금
Text

1. The defendant's 4,566,864 won for each of the plaintiffs A and B, the plaintiff C and D respectively, and each of the above 4,583,216 won for each of them.

Reasons

1. Basic facts

A. The number of buyers listed in the separate sheet for calculation of unjust enrichment in attached Form 2 (hereinafter “attached Table”) for the implementation of public works and the provision of real estate (hereinafter “the number of buyers in this case”) (hereinafter “each buyer in this case”) provided each of the above real estate for each public works as stated in the attached Table 1 to attached Table 1.

B. On November 10, 2003, the Mayor of Seoul Metropolitan Government (AD Urban Development Project 1) designated the Defendant as the project implementer of AD Urban Development Project while designating an urban development zone and approving a development plan. On December 24, 2004, the Defendant approved the housing construction project plan on December 27, 2004, and the Defendant’s implementation plan on an urban development project was authorized on December 27, 2004. (2) The Defendant, from November 10, 2003 to December 31, 2009, announced the 2,331 households in AD Urban Development Project (300 households in exclusive use area 59С, 1,978 households in exclusive use area, 114С in exclusive use area, and 53 households in exclusive use area) within the project zone as the basic date for relocation measures to the owners of land or persons related to the housing within the project zone, and notified the following three months before the basic date for relocation measures to the landowner and persons related to the housing.

Provided, That a person who voluntarily takes the place after concluding a contract for consultation shall be supplied with not more than 85§³ of apartment units in the business area.

(2) A person who has not owned and continuously resided in a house on his/her own land within the project zone before the base date.

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