부당이득반환
1. The defendant's appeal is dismissed.
2. According to the plaintiff's expansion of the purport of the claim in this court, the defendant shall be the plaintiff.
1. The scope of the judgment of this court in the first instance court claimed a total of 2,644,669,500 won, and damages for delay from the day following the delivery date of a copy of the complaint of this case, and the first instance court accepted the plaintiff's claim in full.
Accordingly, the Defendant appealed only for the portion of unjust enrichment equivalent to the purchase price for the land listed in [Attachment 1] List 13,653,000 and damages for delay thereof. Meanwhile, the Plaintiff filed a claim for additional dues under Article 75 of the State Property Act as to the money equivalent to the purchase price for each land listed in [Attachment 1] that the Defendant received from the Plaintiff upon filing an application for change of the purport of the claim and the cause of the claim with respect to October 30, 2019 and November 7, 2019.
In conclusion, the scope of the judgment of this court is limited to the claim for the return of unjust enrichment equivalent to the purchase price of the land in attached Tables 13 and 14 and the claim for additional dues as to the purchase price of each land in attached Table 1.
2. The grounds for this part of the reasoning are as follows, and the corresponding part of the judgment of the court of first instance (hereinafter “basic facts”) is identical to that of the judgment of the court of first instance, except for the dismissal or addition as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The "attached Form 1" attached to the judgment of the first instance shall be replaced by the "attached Form 1" attached to this judgment.
The "attached Form 3" attached to the judgment of the first instance shall be replaced by the "attached Form 3" attached to this judgment.
[Reasons for Recognition] A shall add “each entry of Evidence A 10 to 12” to [The Grounds for Recognition]
3. Determination as to whether land under Articles 13 and 14 of the Attached List 1 is subject to gratuitous reversion
A. Article 25 of the Housing Site Development Promotion Act at the time when the implementation plan of the instant project was authorized, and Article 25 of the former National Land Planning and Utilization Promotion Act.