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(영문) 수원지방법원 2018.11.29 2016가합78987

부당이득금

Text

1. The defendant stated to the plaintiffs in the "final unjust enrichment" sheet in attached Form 2 claimant's calculation sheet and each money, respectively.

Reasons

1. Basic facts

A. On September 25, 2001, the Korea Housing Corporation (Korea National Housing Corporation and Korea Land Corporation were merged into the defendant on October 1, 2009; hereinafter “the defendant”) which is the executor of the instant project, obtained the approval of the development plan on February 6, 2004; the approval of the implementation plan on December 29, 2004; and the alteration of the designation and implementation plan of the planned area on August 27, 201, according to the Housing Site Development Promotion Act (hereinafter “instant project”); and the Korea Housing Corporation (hereinafter “the defendant”), which is the executor of the instant project, was merged into the defendant on September 1, 2009; hereinafter “the Defendant”) obtained the approval of the development plan on February 6, 2004; and the approval of the implementation plan on December 29, 2004; and the approval of the alteration of the designation and implementation plan on August 27, 2012.

B. On March 19, 2004, the Defendant publicly announced a compensation plan to specially sell a detached house site to be developed within the instant project district (hereinafter “instant migrants”) as part of the relocation measures for those who were expropriated housing or land, etc. and lost their base of living as a result of the incorporation of the instant project district into the project district.

C. As to each parcel of land indicated in the “location” and “total supplied area” in the attached Table 3 calculation sheet, the Defendant concluded each sales contract by setting each amount indicated in the “sale price” column in the same table as those subject to relocation measures as the sale price.

(hereinafter “each of the instant sales contracts”). The Plaintiffs entered into a direct sales contract with the Defendant, or succeed to the rights and obligations under the relevant sales contract from the buyers who entered into the sales contract.

The Plaintiffs paid each purchase price indicated in the “actual payment” column in the attached Form 3 calculation sheet prior to the filing of the instant lawsuit in accordance with each of the instant sales contracts to the Defendant.

The reason why the amount stated in the "sale price" in the same table as the amount actually paid by the plaintiffs is different is that the sale price in each of the instant sales contracts is paid in installments on several occasions.