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(영문) 서울고등법원 2017.09.20 2016나2072472
부당이득금
Text

1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. The reasoning for this case by the court of first instance is the same as that for the judgment of the court of first instance, except for the following cases. Thus, this case shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 7th 6th 15th am the following.

According to Article 65 (1) of the National Land Planning and Utilization Act as applied mutatis mutandis pursuant to Article 99 of the same Act, where a person who has obtained authorization of an implementation plan for an urban planning facility project is an administrative agency, if the person who has obtained authorization of an implementation plan for an urban planning facility project installs a new public facility or a public facility replacing an existing public facility, the new public facility shall gratuitously revert to the managing agency in charge of managing the relevant facility, and the existing public facility shall gratuitously revert to the person who has obtained authorization of an implementation plan for an urban planning facility project pursuant to Article 19 (2) of the Korea Land and Housing Corporation Act. As the Plaintiff falls under an administrative agency under Article 65 (1) of the Korea Land and Housing Corporation Act, if a Plaintiff who has obtained authorization of an implementation plan for a project in this case installs a new public facility or a public facility replacing an existing public facility, the new public facility shall gratuitously revert to the managing agency in charge of managing the relevant facility, and the existing public facility shall gratuitously revert to the Plaintiff.

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