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(영문) 서울고등법원 2015.11.03 2015나2022272

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. Treatment Co., Ltd. and Han New Public Co., Ltd. entered into a player agreement with the Korea Land Corporation on October 30, 1993 with the purpose of purchasing KRW 7,787,150,000 equivalent to 80% of the development cost, and paid KRW 5,102,762,00 as down payment and intermediate payment by October 31, 1994.

On October 26, 1996, the Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009, and the defendant was not divided before and after the merger, hereinafter the "Defendant") entered into a contract on succession of rights and obligations between the Korea Land Corporation, the Korea Land Corporation, and the Korea New Public Corporation and the Korea New Public Corporation to succeed to the purchaser status under the aforesaid players agreement. On October 30, 1996, treatment Co., Ltd. and the Korea New Public Corporation paid the down payment and the intermediate payment amount of KRW 5,102,762,00 to the Korea New Public Corporation, and on April 30, 1997, paid the remainder amount of KRW 2,684,38,000 to the Korea Land Corporation.

Since then, on February 10, 1998, the Defendant returned KRW 21,732,790 out of the above purchase price to the Korea Land Corporation as the area of the instant land has decreased as above.

B. On May 29, 1997, the Defendant obtained approval from the Governor of Jeollabuk-do for the construction of 11 apartment units with 766 units of 11 units of 766 units of 76 units of 766 units of 197 on the instant land (hereinafter “the instant apartment unit”) and made a public announcement on December 15, 1997. On March 13, 2000, the Defendant obtained approval for the alteration of the housing construction plan with the content that 757 units of 76 units of 766 units of 76 units of 200 units of 757 units of 757 units of 200 units of 200 units of 20.