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(영문) 서울고등법원 2015.09.03 2012나54128

부당이득금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

Basic Facts

The first Special Metropolitan City Kimpo-si was incorporated into a project district of the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and the defendant was newly established; hereinafter the same shall apply) and designated as a prospective housing site development district on July 27, 199 by the JJ published in the Ministry of Construction and Transportation, and the designation of a planned housing site development district and the revision of a development plan on June 24, 2002 was approved on December 30, 200, and the designation of a planned housing site development district, the alteration of a planned housing site development district, the alteration of a development plan and the implementation plan was approved on June 18, 2007.

As the defendant was incorporated into H zone as a part of the relocation measures for those who lose their base of living due to expropriation of owned housing or land, etc., the defendant decided to sell the land for detached housing to them within H zone.

Plaintiff A, a person subject to relocation measures for H Project, is subject to attached Form between the Defendant and the Defendant

1. The order by which the calculation table (hereinafter only referred to as the “calculation table”) is attached;

1. (1) The term “object of sale” in paragraph (2) entered into a sales contract with the same sequence of land as indicated in the “sale price” column.

W as a person subject to relocation measures for H Project shall be the sequence between the Defendant and the Defendant.

2. (1) The term “object of sale” as referred to in paragraph (1) 2, the same sequence of land as indicated in the “sale price” as indicated in the same section, was concluded, and Plaintiff B succeeded to the rights and obligations under the said sale contract from W before the instant lawsuit was filed.

(4) The plaintiffs paid each corresponding amount to the defendant as stated in the "final payment date" set forth in the "final payment date" set forth in each of the above sales contracts. < Amended by Presidential Decree No. 17688, Mar. 3, 199>

(c).