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(영문) 서울중앙지방법원 2014.01.17 2010가합100013

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2001, the Minister of Construction and Transportation designated the project implementer as a planned area for the development of a AD housing site under the Housing Site Development Promotion Act and publicly announced the Gyeonggi-do, the Korea Land and Housing Corporation (the Korea National Housing Corporation and the Korea Land and Housing Corporation were newly incorporated as Defendant Korea Land and Housing Corporation on October 1, 2009) and the implementation plan on December 30, 2004, respectively. < Amended by Presidential Decree No. 18173, Oct. 1, 2009; Presidential Decree No. 18173, Oct. 1, 2009; Presidential Decree No. 18173, Dec. 30, 2004>

(hereinafter referred to as “instant housing site development project”). (b)

1) On October 2003, the Defendants decided to specially sell the site for a detached house in the instant housing site development project zone to the persons selected as the subjects of relocation measures as part of relocation measures against the residents who lost their living base due to the expropriation of their owned housing or land, etc. as a result of the incorporation into the instant housing site development project zone. Accordingly, the Defendants announced “the current status of projects and guidance for compensation for the housing site development project in the instant housing site development project zone”. 2) The Defendants were originally subject to relocation measures at a level below 80% of the development cost of the instant housing site development project zone (based on the amount calculated by deducting the installation cost of basic facilities from the development cost) and publicly announced that the portion inevitably exceeds the above area should be supplied at the appraised price, but around November 2006, the supply price of the migrants housing site should be reduced by up to 265 square meters, and the portion in excess should be supplied at the appraised price by the Minister of Construction and Transportation with respect to the housing site supply plan.

3. The Plaintiffs succeeded to the rights and obligations under the sales contract from those who concluded the sales contract with the Defendants or entered into the sales contract, and the Defendants respectively have the date stated in the “final payment date.”