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(영문) 서울고등법원 2017.05.26 2013나56312
부당이득금반환
Text

1. Of the judgment of the first instance, part of the judgment against Plaintiffs A, B, N, C, D, E, F, Z, and G is modified as follows:

The defendant.

Reasons

1. Basic facts

A. 1) The head of Songpa-gu Seoul Metropolitan Government (hereinafter “instant project district”) on December 6, 2004, the head of Songpa-gu Seoul Metropolitan Government is 217,692 square meters (hereinafter “instant project district”).

(2) On May 7, 2005, the instant project district was designated as a planned district for the national rental housing complex (Notice I of the Ministry of Construction and Transportation), and was approved on December 29, 2005 as a planned district for the designation of a planned district for the national rental housing complex (Notice J of the Ministry of Construction and Transportation), and thereafter, approved the modification of the planned district and the modification of the implementation plan. (2) On June 20, 2006, the Defendant was designated as the implementer of the above planned district for the development of the national rental housing complex (hereinafter “instant project”). On June 20, 2006, the compensation plan and the relocation measures for the instant project were publicly announced. The base date for the relocation measures was designated on December 6, 2004, and the main contents of the relocation measures were as follows:

A person who owns and resides in a house on his/her own land within the relevant district continuously before the date of concluding the agreement or the date of the ruling on expropriation before the date of the conclusion of the agreement: A person who has owned and resided in a house on his/her own land within the relevant district: A right to move in an apartment unit with an exclusive area of 85 square meters or less; Provided, That a person who voluntarily takes out the agreement after concluding the agreement shall be granted a right to move in an apartment unit with an exclusive area of 85 square meters or less, and a person who enters into the agreement and voluntarily takes out an apartment unit with an exclusive area of 15 square meters

Persons subject to acquisition after the base date and the date of public announcement of a compensation plan: Persons who own and resided in the relevant district as of the date of public announcement of the compensation plan after the base date and who continuously reside in the relevant house from the base date to the date of conclusion of the consultation or the date of adjudication of expropriation.

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