beta
(영문) 서울고등법원 2016.06.15 2015나28236

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs is modified as follows. A.

The defendant shall submit attached Form 2. to the plaintiff J and K.

Reasons

1. After remanding the scope of the party’s trial, the Plaintiff, B, C, D, E, G, and H (hereinafter “the Plaintiffs of the party prior to the remand”) and the Plaintiffs filed a claim against the Defendant for return of unjust enrichment. Accordingly, the first instance court partly accepted the Plaintiffs and the Plaintiffs of the party prior to the remand and dismissed the remainder of the claim.

Therefore, both the Plaintiffs, the Plaintiffs, and the Defendant appealed before remanding. The judgment before remanding all of the part against the Defendant against the Plaintiffs in the judgment prior to remanding, and all of the Plaintiffs in the judgment prior to remanding corresponding to the revocation part were dismissed. Of the judgment of the first instance, the part against the Plaintiffs in the judgment of the first instance cited part of the Plaintiffs’ claim and dismissed the remainder of the claim.

On the other hand, both the plaintiffs, the plaintiffs and the defendant appealed before the remand, and the Supreme Court reversed the part against the plaintiffs and remanded it to this court.

Accordingly, the part of the plaintiffs' claim before remand was separated by the judgment of the Supreme Court, and the scope of the trial of the party after remand is limited to the part cited by the trial before remand of the plaintiffs' claim.

2. Facts of recognition;

A. On November 10, 2003, the Seoul Special Metropolitan City Mayor (1) designated the Defendant as the implementer of a L Urban Development Project when designating an urban development zone and approving a development plan with respect to the whole apartment unit of Gangdong-gu Seoul Metropolitan Government on November 10, 2003, approved the construction project plan on December 24, 2004, and approved the Defendant’s implementation plan on December 27, 2004. (2) The Defendant notified the landowner and related persons of a compensation plan on October 8, 2004. (3) From November 10, 2003 to December 31, 2009.