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(영문) 서울중앙지방법원 2016.10.27 2015가합4936
부당이득금반환
Text

1. As to Plaintiff A’s KRW 14,350,539, Plaintiff B’s KRW 19,347,047, and each of the said money from December 19, 2014.

Reasons

1. Basic facts

A. On February 25, 2004, the development plan was approved because the CDdong in Eunpyeong-gu Seoul and Edong Won 3,495,248 square meters was designated as a development zone under the Urban Development Act (hereinafter “instant development zone,” and the development project of the instant development zone was designated as the operator of the instant development project, and the Defendant was designated as the operator of the instant development project.

On January 15, 2004, the date of announcement for public inspection of residents to designate the development zone of this case as an urban development zone is January 15, 2004.

B. On October 19, 2004, the Defendant publicly announced the relocation measures for the instant development project on November 20, 2002 (or August 20, 2002, a single tenant, a three-month period prior to the base date) on the base date for relocation measures.

C. The Defendant publicly announced a compensation plan under the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665, Oct. 17, 2007; hereinafter “former Public Works Act”) for each district of the instant development zone as indicated below.

A district compensation plan is published on June 24, 2004 G H on March 29, 2005 as of March 2005 I on February 15, 2006 J 152,813.6 square meters of J on December 30, 2005.

The Defendant decided to specially supply apartment houses to be developed within the instant development zone (hereinafter referred to as “instant apartment houses”) as part of the relocation measures under the former Public Works Act, to which they lose their means of living due to the expropriation of their owned housing, etc. as a consequence of the incorporation into the instant development zone.

The sale price for the above special supply was determined as the same amount as the sale price for the apartment sold to the general public.

E. Accordingly, the Defendant concluded a sales contract with L as to 246 dong 1103 m2 (68,543m2) among the instant apartment units, following an examination in accordance with the above criteria for relocation measures, and concluded a sales contract with M as to 116 m26 706m2 (4m204m2) among the instant apartment units.

hereinafter referred to as "each contract of this case" and L and M.

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