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(영문) 서울중앙지방법원 2013.11.08 2010가합65066
부당이득반환
Text

1. A, B, C, D, E, F, G, H, I, J, K, L, M, N,O, P, and Q

4. The term “official fee” in the cited amount list means the official fee.

Reasons

1. Facts of recognition;

(a) Attached Form of the implementation of public works and provision of real estate;

2. Each purchaser listed in the table of the details of sale and transfer (hereinafter referred to as the “sellers of this case”) provided the said housing, land, etc. for the relevant public works as the housing, land, etc. owned by them are incorporated into the project district for the public works implemented by the project implementer including the Defendant.

B. On November 10, 2003, the Seoul Special Metropolitan City Mayor (1) designated the Defendant as the project implementer for the urban development zone designation and development plan with respect to BF units in Gangdong-gu Seoul Metropolitan Government on November 10, 2003, approved the housing construction project plan on December 24, 2004, and approved the Defendant’s implementation plan on December 27, 2004. (2) The Defendant announced the 2,331 households in the BE zone (300 households in exclusive use area, 1,978 households in exclusive use area, 114 square meters in exclusive use area) from November 10, 203 to December 31, 2009, and notified the landowner and related persons of the compensation plan on October 8, 2004 as follows.

[Public Notice of Criteria for Relocation Measures for Residents in the BE city: Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40 of the Enforcement Decree of the same Act as the base date for relocation measures: July 9, 2003; Provided, That on April 9, 2003, a tenant shall supply not more than 60§³ of apartment units in the business area to a person who owns a house on his/her own land in the business area from the base date before the base date to the date of conclusion of the agreement or the ruling of expropriation.

Provided, That a person who enters into a contract for consultation and voluntarily takes an action shall be supplied with not more than 85§³ of apartment units in the business area.

(2) The business zone shall be located before the base date.

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