부당이득금반환
1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
The defendant.
1. Facts of recognition;
A. On December 26, 2001, the land size of TJ 2,146,030 square meters was designated as RA site development district by the Ministry of Construction and Transportation notification on December 26, 2001. On February 16, 2004, the Gyeonggi-do notification was approved and publicly announced as a development plan for the alteration of the planned area for the development of the U-do housing site. On October 1, 2009, the Defendant (Korea National Housing Corporation and Korea Land Corporation were newly incorporated as the Defendant on October 1, 2009, the Korea Land Corporation was designated as the project implementer; hereinafter “Defendant”) was designated as the project implementer for the development of the U-district housing.
(hereinafter the above housing site development project is referred to as the "project in this case", and the project district in this case is referred to as the "project district in this case").
On August 2005, the defendant decided to specially sell the site for detached houses in the instant project district to the persons selected as a person subject to relocation measures as part of the relocation measures for residents who were accommodated in their own housing or land and lost their base of living as they were incorporated into the instant project district.
C. Accordingly, the Plaintiffs entered into a sales contract with the Defendant or succeeded to the rights and obligations of the sales contract from the person who entered into the sales contract with the Defendant under the Defendant’s consent, and paid the Defendant the money recorded in the payment amount column by the date of the final payment date stated in the same list.
(hereinafter the above sales contract is referred to as "each sales contract of this case").
On the other hand, at the time of entering into each contract for the sale of this case, the Defendant calculated the sale price in accordance with the Rules on the Establishment and Implementation of Relocation Measures (hereinafter “Rules on the Relocation Measures of this case”). The main contents of the above Rules are as follows.
In principle, the scale of supply of multi-resident housing sites under Article 16 (Scale of Supply) of the Regulations on the Establishment and Implementation of Relocation Measures shall be supplied based on 165 square meters or 265 square meters per parcel.
except that shares of stock.