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(영문) 서울중앙지방법원 2012.07.05 2011가합80024

부당이득금반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A and C were selected as a national housing subject to special supply under the National Housing Special Supply Rules (hereinafter “Special Supply Rules”) for their own buildings according to the urban planning facility project implemented by the Mayor of Seoul Special Metropolitan City or the Mayor of Seoul Special Metropolitan City entrusted to each agency (hereinafter “urban planning facility project in this case”) as indicated in the table below, and purchased E apartment constructed as an urban development project (hereinafter “instant apartment”) or G apartment constructed as a housing site development project (hereinafter “instant apartment”) under the Korea Urban Development Project implemented by SP Corporation as indicated in the attached sale agreement sheet as shown in the attached Table 1, and the Plaintiff B succeeded to the status of the purchaser of the above apartment from H, a special purchaser who complied with the compensation for consultation, thereby entering into a sale contract with E apartment as indicated in the above sale agreement sheet.

Plaintiff

The name of the project implementer of the real estate and urban planning facility project after removing the project authorization date.

1. A on April 15, 2008, the head of Dobong-gu Seoul Metropolitan Government Office for Residential Environment Improvement Projects;

2. B 2007.7.12. 서울 관악구 K 건물 L 건설 서울특별시장 ◎ (H)

3. C on August 4, 2005, the head of Seodaemun-gu Seoul Seomun-gu M Land and the head of Seodaemun-gu Office for Construction of Road Construction Works

B. The relevant laws and regulations relating to the instant case are as listed in Appendix 2.

[Ground of recognition] without any dispute, Gap evidence Nos. 1, Gap evidence Nos. 4 through 24, the purport of whole pleadings

2. Summary of the parties' arguments;

A. The plaintiffs' assertion 1 is the project implementer of an urban planning facility project that directly implements the instant urban planning facility project or is implemented by delegation to each competent head of the Gu, and each competent head belongs to the project implementer.