부당이득금
1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.
1. Basic facts
A. On April 30, 2001, the Ministry of Land, Transport and Maritime Affairs published on March 28, 2008, the housing site development area was changed to EB as EB, ED, and EE.
(1) The Korea Land Corporation (hereinafter “Korea Land Corporation”) was merged with the Korea Land Corporation on October 1, 2009 and became the defendant.
the defendant in total before and after the merger.
(2) The Defendant, by implementing the instant housing site development project, intended to specially supply the site for detached houses within the instant housing site development project zone to those who would lose their base of living due to the expropriation of the housing or land owned by it, as part of the relocation measures for those who would lose their base of living due to the expropriation of the housing or land owned by it.
The defendant supplied 230 square meters of one parcel to those subject to relocation measures at a level not exceeding 80% of the development cost, but publicly announced that the portion exceeding the above area inevitably exceeds the above area due to the conditions under which the shares are to be demarcated will be supplied as appraisal price.
B. In determining the sale price of housing sites to be specially supplied to persons subject to relocation measures, the Defendant calculated a specific sale price by applying the unit price per square meter of the housing site of migrants pursuant to the established rules on the establishment and implementation of relocation measures (hereinafter “established rules on relocation measures”), which is the Defendant’s internal rules, to the unit price of supply per 680,69 won (the method of calculating the sale price according to the sale contract stipulated in the established rules on relocation measures is as follows) and to the unit price of supply under Article 17(3) of the newly established rules on relocation measures, which provides that the supply price may be differentiated in consideration of the individual characteristics of the housing site of migrants, pursuant to Article 17(3) of the newly established rules on relocation measures that provide that the unit price of the housing site of migrants shall be differentiated
In other words,