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(영문) 대전지방법원 2019.07.18 2017가합100998
부당이득반환청구의 소
Text

1. As to KRW 3,098,440,885 and its KRW 318,00,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 3,098,440,885 from February 28, 2014 to February 23, 2017.

Reasons

1. Basic facts

A. The Special Act on the Construction of Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for the former New Administrative Capital (amended by Act No. 7604, Jul. 21, 2005; hereinafter “former Special Act on New Administrative Capital”) promulgated on March 18, 2005, was designated as a development project district for the Multifunctional Administrative City on May 24, 2005 (hereinafter “instant project district”). The Defendant started compensation for the Multifunctional Administrative City Project within the instant project district on December 20, 2005 (hereinafter “instant project”).

B. As to the instant project, the development planning was formulated on November 29, 2006, the amendment of the development plan on June 28, 2007, and the approval of the execution plan on July 4, 2007, respectively.

C. The Korea Land Corporation (Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter "the defendant"), as the project implementer of the instant project, decided to specially sell the migrants of the housing site to be developed in the instant project zone as relocation measures to those who would lose their base of livelihood due to the expropriation of the housing site, etc. as the housing site was incorporated into the instant project zone, and accordingly, concluded a sales contract on the housing site with those subject to relocation measures.

Around March 26, 2008, there were people who wish to build multi-family housing among those who became migrants due to the instant project and were selected as eligible to supply multi-family housing sites, or among those who acquired rights from suppliers, and formed the Plaintiff on March 26, 2008.

E. On November 3, 2009, December 24, 2010, and April 6, 2011, the Plaintiff entered into a sales contract with the Defendant for the following housing sites on a total of three occasions, as indicated below, and finally, on May 3, 2011, between the Defendant and Chungcheongnam-gun G (Seoul Special Self-Governing City) 67,417 square meters (hereinafter “instant land”). 34,236,480,00 won.

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