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(영문) 서울고등법원 2017.09.07 2016나2026950

부당이득금

Text

1. The judgment of the first instance, including the claim of the Plaintiff A expanded by this court, shall be modified as follows:

Reasons

1. Basic facts

(a) Plaintiff A is a person who owns a house in Yongsan-gu Seoul Metropolitan Government and H ground, and Defendant Yongsan-gu includes the said land as a project district, the “I Road Construction Works” (hereinafter referred to as the “Fdong Project”).

(2) The Fdong project implementation plan was announced on March 27, 2008 (the Yongsan-gu Seoul Metropolitan Government Notification S), and the Plaintiff A resided in the above house from January 26, 2007 to April 9, 2009, and entered into an agreement on the acquisition of the above house with the Defendant Yongsan-gu on February 23, 2009.

3) On November 13, 2009, the Plaintiff A arranged the Defendant Yongsan-gu Development District (hereinafter “J District”) as a broker, and the said development project is called the “J District Project”.

2) The name of the G apartment 401 Dong 304 in Gangdong-gu Seoul Metropolitan Government was changed to the Seoul Housing Urban Corporation (Seoul Housing Urban Corporation).

The term "outboard construction" in total below shall be "outboard construction"

(B) The Plaintiff Company B paid the sales price to the Plaintiff. (b) The Plaintiff Company was a person holding a house on the ground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and N was a person holding a house on the O’s ground, and the Defendant Seodaemun-gu is a local government that implemented the “P residential environment improvement project” (hereinafter “Ldong project”) that includes each of the above land as a project district.

2) The decision to authorize Ldong project implementation plan was announced on November 24, 2005 (the Seodaemun-gu Seoul Special Metropolitan City Notice T), and the plaintiff B resided in the above M-ground from September 22, 2004 to February 2, 2006, and N were residing in the above O-ground house from October 1, 1998 to March 7, 2006, and the defendant Seodaemun-gu entered into an agreement on the acquisition of the above M-ground housing with the plaintiff B on January 9, 2006, and the agreement on the acquisition of the above M-ground housing with N-N and the above O-ground respectively.

4) Plaintiff B and Plaintiff C, one of its wife, as an arrangement by Defendant Seodaemun-gu, were to act as a broker of Defendant Seodaemun-gu, and on October 29, 2010, Qed Area Development Project (hereinafter “ Qed Area”) and the said development project “ Qed Area Project.”