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(영문) 서울고등법원 2017.08.25 2016나2025452
부당이득금
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendant.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the respective entries in Gap evidence Nos. 1 to 7 and 12 to 15 (including a serial number, if any; hereinafter the same shall apply) and the whole purport of the pleadings:

The Mayor of Seoul Special Metropolitan City, on September 18, 2004, designated the development zone (title E urban development zone; hereinafter “instant development zone”) pursuant to Article 3 of the former Urban Development Act (amended by Act No. 8970, Mar. 21, 2008; hereinafter the same shall apply) as a public notice of Seoul Special Metropolitan City, Nowon-gu and Dong-si, Seoul Special Metropolitan City on September 18, 2004, and approved the implementation plan for the instant development zone pursuant to Articles 4 and 17 of the former Urban Development Act as the F of the public notice of Seoul Special Metropolitan City on December 23, 2005.

B. The current status of the land in the dispute in this case (or the land before subdivision thereof is the same as the entry in the column of “public section” in the attached Table; hereinafter “each land in this case”) shall be the owner in the corresponding land category indicated in the attached Table “land category” as the defendant, and the owner was newly registered in the land cadastre on December 1, 1976, and thereafter the “registration date of ownership preservation” in the attached Table was each registered on the corresponding date.

Of the lands of this case, the attached table 18 Nos. 18 among the lands of this case was transferred from the office of general administration on June 13, 2008, and the remaining Nos. 1 through 17 were transferred from the office of administration on December 10, 2008 on the ground of disuse.

C. On July 2, 2008, the Plaintiff, who was designated as the project executor of the instant development zone by the head of the Seoul Special Metropolitan City from around July 2, 2008, consulted with the Defendant on the free reversion of the land owned by the Defendant in the instant development zone. Of the Defendant’s land, the land owned by the Ministry of Land, Transport and Maritime Affairs, 5,600 square meters, 352 square meters of land in four lots managed by the Ministry of Land, Transport and Maritime Affairs, and 111 square meters of land in one lot managed by the Ministry of Education, Science and Technology was reverted

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