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(영문) 서울고등법원 2016.12.22 2016나2043214

부당이득금

Text

1. The judgment of the court of first instance is modified as follows.

(10) Paragraph (1) shall apply to the defendant to calculate the amount of unjust enrichment.

Reasons

On December 26, 2001, the Minister of Construction and Transportation designated the project implementer as a planned area for housing site development in Sungnam-si, the Korea National Housing Corporation, the Korea Land Corporation, the Korea Land Corporation (Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and became the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation was merged on October 1, 2009 and became the Korea Land and Housing Corporation; hereinafter the same shall apply) and Gyeonggi-do in total before and after the merger.

After that, the defendant and Sungnam City received approval of a development plan for the housing site development project on December 30, 2003, approval of the implementation plan for the housing site development project on December 30, 2004, approval of the implementation plan for the housing site development project on May 30, 2004, and approval of the implementation plan for the housing site development project from May 2005 to December 2009, respectively.

(hereinafter “instant housing site development project”. Around October 2003, the Defendant and Sungnam-si decided to specially supply apartment houses to be newly constructed within the instant housing site development project zone (hereinafter “instant apartment houses”) to the Plaintiffs as part of the relocation measures against residents who lose their means of living due to the expropriation of their owned housing or land, etc. as their housing site development zone was incorporated into the instant housing site development project zone. Accordingly, the Defendant and Sungnam-si announced “the current status of the project for the housing site development project and guidance for compensation.”

Accordingly, Plaintiff A, B, C, and D shall be between June 201 and November 201 of the same year; Plaintiff E shall be between the former and the former Construction Corporation in receipt of a request for special supply of apartment houses from the Defendant around May 2006; G shall be between the former and the Pungsung Housing Corporation in receipt of a request for special supply of apartment houses from the Defendant around May 2006; and from among the apartment houses in this case to be newly constructed within each of the instant housing site development zone, the sales price of each of the apartment units in question shall be the same as the general sales price.