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(영문) 의정부지방법원 2015.02.11 2014가합52466

부당이득금

Text

1. The defendant falls under the "amount of tolerance" in the attached Table 2 of the settlement statement to the plaintiffs and the plaintiff succeeding intervenors.

Reasons

1. Basic facts

A. On May 7, 2010, the Gu Government Ydong, Zdong, Zdong 2,620,707 square meters was designated as a planned area for the Government AC development project (hereinafter “instant project project”) in accordance with the Special Act on the Housing Construction, etc. (hereinafter “instant project”), and the Defendant is the project implementer of the instant project, and approved the designation of a housing zone and the alteration of a district plan on November 10, 2010.

B. The Defendant, as part of the relocation measures for those who lost their means of living due to the expropriation of their owned housing or land, etc. as a result of the incorporation into the instant project district, intended to specially sell the land for detached housing that will be developed in the instant project district to the said persons.

C. The Defendant: (a) determined the limit of supply of a multi-resident’s housing site as 265 square meters and included the portion below 265 square meters in the contents of the relocation measures; (b) calculated the sales price by reflecting the gap in the supply price of the multi-resident’s housing site; and (c) calculated the sales price for the portion exceeding 265 square meters on the basis of the appraisal price (the same shall apply to the amount indicated in the “sale price exceeding 265 square meters” in attached Table 2).

After that, the Plaintiffs entered into a sales contract with the Defendant to purchase each of the relevant land in the “sale price” column of attached Table 1 attached hereto (hereinafter “attached Table 1”), or succeeded to the rights and obligations under the sales contract from the buyers of the sales contract with the Defendant’s consent, as shown in attached Table 1.

(2) Each sales contract of this case (hereinafter referred to as "each sales contract of this case").

Meanwhile, the Plaintiffs, other than Plaintiff H, enter the “sale price” column of attached Table 1 in the “sale price” column in attached Table 1, which is the advance payment, in accordance with each of the instant sales contracts.