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(영문) 서울고등법원 2017.04.28 2015나2036882

부당이득금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant Seoul Special Metropolitan City is the plaintiff AM, AU,N, AR, AV, AW, AX, AS.

Reasons

1. Facts of recognition;

A. The plaintiffs (excluding plaintiffs AM, N), and non-party AO (hereinafter collectively referred to as "the buyers of this case"), respectively, were incorporated into the project district of each pertinent public work project (hereinafter referred to as "each of the public works of this case") in the list of annexed public works executed by the defendants as the housing or land owned by them is included in the project district of each of the public works in the list of annexed public works (hereinafter referred to as "each of the public works of this case").

B. The Defendants, in accordance with the Rules on Special Supply of National Housing (amended by Seoul Special Rules No. 3616, Apr. 10, 2008; hereinafter “the Special Supply Rules”), decided to specially supply apartment buildings to be constructed as the Seocho-gu Seoul Metropolitan Government National Rental Housing Complex Development Project (hereinafter “the instant development project”) to the buyers of the instant case who are eligible to be supplied under Article 5 of the Special Supply Rules of this case pursuant to the Special Supply Rules of this case.

C. The E.S. Corporation received notice from the Defendants on the current status of persons eligible for special supply housing units and applicants for parcelling-out, and sold to the buyers of this case one apartment unit to be constructed as the instant development project.

Attached Form shall apply to the objects of sale by the plaintiff, the site area and sale price of the objects of sale.

2. The description in each corresponding column of the “list of objects sold in lots” is the same;

(2) The sales price of each of the instant sales contracts was determined as the same amount as the sales price of the apartment sold in general.

Plaintiff

AM, on June 14, 201, received the rights and obligations of the buyer in the sale contract from AO, and the PlaintiffN received the rights and obligations of the buyer in the sale contract only for 1/2 shares from Plaintiff AR on November 29, 201, respectively, and obtained approval from each EP Corporation.

The Plaintiffs shall pay the sales price under each sales contract of the instant case.