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(영문) 서울고등법원 2015.12.18 2012나72799

부당이득금반환

Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

The defendant is the plaintiff AH and .

Reasons

1. Basic facts

A. On April 30, 2001, JHKI, DCEGB members were designated as a planned housing site development area A by the Ministry of Land, Transport and Maritime Affairs on April 30, 2001 (the Ministry of Land, Transport and Maritime Affairs published on March 28, 2008, changed the planned housing site development area into BF, BG, and BH days.

(B) The Korea Land Corporation (hereinafter referred to as the “Korea Land Corporation”) was merged with the Korea Land Corporation on October 1, 2009 and became the defendant.

be the defendant in total before and after the merger.

(2) The housing site development project for a housing site development zone (hereinafter referred to as “instant housing site development project”) in which the said housing site development zone is located.

(2) The Defendant decided to specially supply a detached house site within the instant housing site development project zone as part of the relocation measures against those who would lose their base of livelihood due to the expropriation of their housing units, land, etc. due to the implementation of the instant housing site development project.

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. The Defendant determined the sale price of the housing site to be specially supplied to the persons subject to the relocation measures and the sale price of the housing site to be supplied to the general consumers as follows:

1) With respect to persons subject to relocation measures, the unit price of supply per 1 square meter of a resettled housing site shall be determined as KRW 680,669 in accordance with the established rules on the establishment and implementation of relocation measures (hereinafter “established rules on relocation measures”), which are the internal regulations of the Defendant (the method of calculating the unit price for sale under the sale contract prescribed by the established rules on relocation measures is as listed below [Attachment 1]

(i) the gap rate of gap by parcel (the location, form, and form of individual parcel) in accordance with Article 17(3) of the Rules on the Measures for Relocation, which provides that the supply price may be differentiated, taking into account the individual characteristics of the land for migrants.