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(영문) 서울고등법원 2013.09.05 2010나116824

부당이득금

Text

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

Reasons

1. Basic facts

(a) The implementation of the housing site development project and the special supply of housing sites for migrantss 1) among the 9,060,000 square meters of ABC and DEFGHI single unit (20,000 square meters thereafter 9,035,332.9 square meters of land;

The Korea Land Corporation (the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation on October 1, 2009).

be the defendant in total before and after the merger.

(J) The housing site development project zone is incorporated into the J Housing site development project zone (hereinafter referred to as the “instant housing site development project”).

(2) On April 30, 2001, the Ministry of Land, Transport and Maritime Affairs designated K as a planned housing site development district (the Ministry of Land, Transport and Maritime Affairs announced on March 28, 2008, "the planned housing site development district was modified as of the date of chemical M, N,O) and the approval of the development plan was announced on December 14, 2001. The approval of the development plan was commenced on December 26, 2002, from March 26, 2003 to September 9, 2003. (2) The Defendant, as part of the relocation measures for the residents who were deprived of their living conditions due to their incorporation of the housing site development project into the instant zone, agreed to specially supply the housing site within the instant housing site development zone as part of the relocation plan for those who were deprived of their housing site development project, and the Plaintiffs entered into a sales contract between the migrants and those subject to the sale contract and the sale contract within the instant housing site development zone (hereinafter referred to as the "sale contract") with the Plaintiffs 30130 and the same.

(2) On the other hand, the plaintiffs paid the amount corresponding to each of the items stated in paragraph (6) of the same Table as the sale price. Among them, some plaintiffs who have paid a higher amount than the sale price under the sale contract shall pay the overdue charge by adding it to the payment deadline.

A No. 18-1.