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(영문) 수원지방법원성남지원 2017.07.21 2012가합201294
부당이득금 반환
Text

1. The Defendant’s KRW 58,389,473,50, and the Plaintiff’s annual interest from August 14, 2012 to July 21, 2017, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiff comprehensively succeeded to the rights and responsibilities of Korea Land Corporation (Korea Land and Housing Corporation under Korea Land and Housing Corporation Act, October 1, 2009).

It does not distinguish between Korea Land Corporation and the Plaintiff, and all “Plaintiffs”.

(1) Under the former Housing Site Development Promotion Act (amended by Act No. 8384, Apr. 20, 2007) on July 21, 2006, the Minister of Construction and Transportation may designate the project area of this case as the project area of this case from the Seoul Songpa-gu, Sungnam-si, and Hanam-si (hereinafter “instant project area”).

A) On January 6, 2010, the Ministry of Land, Transport and Maritime Affairs publicly notified on January 6, 2010, the development plan of the planned area for housing site development and the approval of the modification thereof and the approval of the execution plan (hereinafter “approval of the execution plan of this case”).

(2) The State is the owner who completed the preservation of ownership of each of the lands listed in the separate sheet No. 2, located in Sungnam-si and Hanam-si, the project area of this case (hereinafter “each of the lands of this case”), and where part of the lands is specified, “in accordance with the sequence No. 2,” and who sold each of the lands of this case to the Plaintiff for compensation as follows.

B. On April 6, 2009, the Plaintiff: (a) with respect to each of the instant lands located in Sungnam-si and Hanam-si around April 6, 2009; and (b) Article 25 of the Housing Site Development Promotion Act and the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) with respect to the land of this case, which is located in Sungnam-si and Hanam-si.

) A request for free reversion consultation was made pursuant to Article 65, and the above Sungnam City and the sub-Namnam City replyed to the purport that the land of this case is currently used as the site and golf course of the military unit at present, unlike the land category. (2) The Plaintiff and the Defendant were the first sales contract with the Plaintiff for the land indicated in the separate sheet No. 36,372,53,000 won on November 9, 201.

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