beta
(영문) 서울중앙지방법원 2016.11.10 2014가합539015

부당이득금

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

On November 20, 2004, a development plan was designated as an urban development zone (title: E development zone; hereinafter “instant development zone”) under the Urban Development Act on November 20, 2004. The Seoul Housing and Urban Corporation (the former trade name before the alteration) was designated as the implementer of the said urban development project (hereinafter “instant project”).

On October 31, 2005, the Seoul Housing and Urban Corporation announced a compensation plan, and on April 13, 2006, determined the base date for relocation measures as November 29, 2003 (Provided, That in case of tenants, August 29, 2003) as the base date for relocation measures and announced relocation measures.

The instant project was conducted from November 20, 2004 to December 31, 2011. The Seoul Housing and Urban Corporation newly built and sold 1,150 apartment houses, including special housing, within the instant development zone.

Plaintiff

A was incorporated into a project district of "G apartment rearrangement project" implemented by the head of the FF head of the Seoul Metropolitan Government (hereinafter referred to as the "head of the FF head of the Gu"), and the housing owned was provided.

Plaintiff

A notified that “Seoul Metropolitan Government is eligible for special supply housing units under the Regulations on Special Supply of National Housing (amended by Seoul Metropolitan Government Rules No. 3616, Apr. 10, 2008) to the removal residents. On March 14, 2011, the Seoul H apartment units 105 Dong 604 and 223,141,000 won were specially sold from the Seoul Housing Corporation.

hereinafter the above apartment is "the apartment of this case" and the above special sale contract is "the sales contract of this case".

B. On September 8, 201, Plaintiff A succeeded to 1/2 of the rights and obligations of buyers under the instant sales contract on September 8, 2011 with the approval of the Seoul Housing Corporation.

The Plaintiffs paid in full the sales price in accordance with the instant sales contract, and completed the registration of ownership transfer for the instant apartment.

G. The sale price of the apartment of this case, which was specially supplied within the development zone of this case, is an apartment sold in general.

참조조문