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(영문) 수원지방법원 2015.06.18 2014나43486
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A. Around October 2001, the Minister of Construction and Transportation, around October 2001, designated a housing site development area of 9,376,000 square meters as a district unit for housing site development, and around that time, approved and publicly notified the C district housing site development plan. The Gyeonggi-do and the Korea Land Corporation, the Korea National Housing Corporation, and Sungnam-si were designated as a project implementer for each one district. 2) On October 2003, Sungnam-si, etc. announced the future compensation procedure, method of determining compensation types and compensation, measures for relocation, determination of measures for living, and criteria for determination of measures for living, among the above compensation guidance, the main contents of the living measures are as follows:

Persons subject to the above housing site development project: The supply price of all land, goods, etc. owned by the person subject to the relocation measures, the person who has received the business compensation, the farmer (excluding a corporation), the person who meets the specific standards from among the farmers, the facilities, the stock gathering farmers, the flowers farmers and the livestock raisers: The supply price of land for commercial or neighborhood facilities: The supply price of land for commercial or neighborhood facilities: The joint land of the cooperative or the resident organization;

B. The Defendant became eligible for the supply of the land for livelihood measures following the incorporation of the land into the said planned area for housing site development.

C. On August 10, 2007, Sungnam-si made a public announcement of supply of land for countermeasures against Seoul's livelihood, and its main contents are as follows.

Qualification requirements: A person who is selected as a person eligible for the supply of a living countermeasure site in relation to the instant project: A person selected as a person eligible for the supply of a living countermeasure site shall autonomously organize a non-corporate group, and the representative elected by the partnership shall enter into a contract with Sungnam-si by applying for a living countermeasure site at the time of Sungnam-si and receive a living countermeasure site in the name

The president, officers, and members of a cooperative are necessarily required.

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