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(영문) 서울중앙지방법원 2019.06.14 2018가단5230505
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 14, 2014, the Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 9758, Jun. 9, 2009; hereinafter “former Bogeumjari Housing Construction Act”) was amended by Act No. 12251, Jan. 14, 2014; again, the Special Act on the Construction of Public Housing, etc. was amended by Act No. 13498, Aug. 28, 2015.

Accordingly, on December 3, 2009, the Seocho-gu Seoul Metropolitan Government Dong, Cdong, Ddong, and E-dong Won 769,000 square meters were designated as Seoul FF Housing District and the Plaintiff (the original name was changed to “G Corporation,” and the current name was changed to September 1, 2016) was determined as the implementer of the Seoul FF Housing District development project (hereinafter “instant project”), and announced it as H in the public notice of the Ministry of Land, Transport and Maritime Affairs, and on April 27, 2010, approved the district district plan of the said housing zone (hereinafter “instant district plan”) under the former Bogeumjari Housing Construction Act, and announced the topographic map of the said housing zone as public notice of the Ministry of Land, Transport and Maritime Affairs.

On December 1, 2010, the Minister of Land, Transport and Maritime Affairs approved the designation of a housing zone and the alteration of a district plan with respect to a district, etc. determined by the designation of the said housing zone and the alteration of a district plan, and publicly notified by the Ministry of Land, Transport and Maritime Affairs as J., and the Ministry of Land, Transport and Maritime Affairs. On December 12, 2011, approved the alteration of a district plan, the area of the said housing zone is 819,38 square meters,

The Seocho-gu Seoul Metropolitan City L. L. (hereinafter “instant land”) located in the instant project district was originally owned by the Defendant, and was managed by the Minister of Land, Transport and Maritime Affairs at the time of approval of the instant district plan, and the portion of 154 square meters out of the instant land (hereinafter “the instant land”) was excluded from the land subject to gratuitous reversion on the ground that the actual use of the land was not a road.

Accordingly, on May 9, 2013, the Plaintiff paid the instant portion from the Defendant for KRW 179,949,00.

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