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(영문) 대전지방법원 2015.10.27 2015가단16092

부당이득반환

Text

1. The Defendant’s annual interest on KRW 11,476,398 and each of the above amounts to the Plaintiffs from May 18, 2015 to October 27, 2015.

Reasons

1. Facts of recognition;

A. The Defendant is a project executor of the Daejeon Seo-gu, Seo-gu, D, E, U.S. F, G, H, I, J, K, and L. Housing Site Development Project (hereinafter “instant project”).

The approval date of the development plan of the project of this case is December 16, 2003.

B. The Defendant, as the instant project, intended to specially supply migrantss' housing sites to be developed within the instant project district, as relocation measures for those who lose their means of living due to expropriation of their owned housing units or land, etc.

Accordingly, the defendant concluded a sales contract with the defendant on June 26, 2008 on the housing site of migrants, and N entered into a sales contract with the defendant on the 254 square meters of Seo-gu Daejeon, Seo-gu, Daejeon, and the plaintiffs succeeded to the rights and obligations of the above sales contract from N on October 30, 2013, respectively.

(hereinafter “instant sales contract”). C.

The Plaintiffs paid 220,150,000 won to the Defendant by January 27, 2014 pursuant to the instant sales contract. In the event of installment payment, the Plaintiffs paid a certain amount of interest on the installment, and additionally paid damages for delay in the event of payment with the agreed payment deadline. The sum of the above amounts is KRW 53,839,800.

At the time of the instant sales contract, the Defendant calculated the sales price in accordance with Articles 16 and 17 of the Rules on the Establishment and Implementation of Relocation Measures by the Defendant (hereinafter referred to as the “Rules of this case”) and attached Table 2 by the following formula:

In other words, 962,610 won per 1 square meter, which is an arithmetic mean of the amounts calculated by the respective formula in the following [Attachment 2], shall be the supply price, and considering the appraisal price, the individual supply price was adjusted within the range of the entire land value of the migrants complex.

Article 16 (Scale of Supply) In principle, the scale of supply of a housing site for migrants shall be supplied based on 165 square meters or 265 square meters per parcel.

Provided, That the conditions of shares, land use plans and land use shall be subject to shares.