부당이득금반환
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
1. The Korea Land Corporation (hereinafter collectively referred to as the "Defendant") is the project implementer of the Kimpo-si, Kimpo-si, the long-term Dong, and the Yangyang-si Housing Site Development Project (hereinafter referred to as the "the project in this case"), which is the project district before or after the merger with the Korea Housing Corporation on October 1, 2009. The plaintiff is a resident living in the project district and was selected as a person eligible for relocation measures and was sold 52,190,000 square meters from the defendant on December 24, 2008 (hereinafter referred to as the "sale contract in this case"). The plaintiff thereafter has no dispute between the parties after deducting the total amount of KRW 267,643,140 from the sale price in this case from the defendant on December 24, 2008 as part of the purchase price in this case (hereinafter referred to as the "sale contract in this case").
2. The plaintiff's assertion is the cause of claim of this case. The defendant, as the project operator of this case, calculated the sale price of this case without deducting the basic cost of living facilities from the supply of housing site to a person subject to relocation measures pursuant to Article 78 (4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665 of Oct. 17, 2007). The part of the sale contract of this case which included the basic cost of living facilities in the sale price of this case is invalid because it violates the above provision, which is a mandatory law, and therefore, the plaintiff's obligation to pay the sale price of this case to the defendant of this case does not exist in excess of 46,026,356 won after deducting the sale price already paid from the legitimate sale price.
However, in full view of the purport of the entire pleadings in the statement No. 6, the instant sales contract was cancelled on November 20, 2013 on the ground that the purchaser was responsible for the cause attributable to the Plaintiff, and accordingly, the Defendant is added to the Plaintiff.