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(영문) 서울중앙지방법원 2015.07.07 2013가합506384

부당이득금

Text

1. The Defendants are listed in the separate sheet and a summary of the cited amount list in each of the pertinent Plaintiff.

Reasons

1. Basic facts

A. The remaining Defendants except the Defendant Korea Land Corporation are local governments and the head of the local government becomes the project implementer and implement the relevant public works specified in the list of the attached public works. However, in this case, even if the contents refer to the head of the local government, who is the project implementer, the Plaintiffs are referred only to the relevant Defendant, which

The real estate owned by each person was provided for the implementation of each public works listed in the corresponding column for the attached public works (hereinafter referred to as "each public works of this case").

B. On December 6, 2002, E.S., the Housing Site Development Project implemented a housing site development project to newly construct and lease housing units on a total of 5,592 household units (2,805 rental apartment units, 2,787 units) (hereinafter “H district apartment units”) in Gangseo-gu Seoul Metropolitan Government FG unit (hereinafter “H zone”) designated as a planned area for housing development.

C. The Defendants, from around 2003, received an application from the Plaintiffs falling under Article 5 of the Special Supply Rules of this case, to specially supply the H district apartment housing in accordance with the “Rules on Special Supply of National Housing to the Withdrawn in Seoul Special Metropolitan City (Rules 3305, Seoul Special Supply Rules; hereinafter the “Rules on Special Supply”).

From around 2007 to 2008, the Plaintiffs entered into a sales contract (hereinafter “each sales contract in this case”) with the same content as the entries in the column of “Dongho” and “sale price” as in the separate claim and a summary of the cited amount sheet with respect to H district apartment units, and concluded the sales contract instead of the Defendants entrusted with the special supply of national housing from the Defendants.

The sales price under the relevant sales contract was fully paid.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, 4, 5.