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(영문) 대전지방법원 2015.10.22 2015가단17576

부당이득반환

Text

1. The Defendant: (a) from May 27, 2015, to Plaintiff A, KRW 13,460,547; and (b) KRW 10,852,525, and each of the above amounts.

Reasons

1. Facts of recognition;

A. The Defendant is the operator of the Daejeon Mountainous District Housing Site Development Project ( Daejeon NN District before its modification; hereinafter “instant housing site development project”) that is designated as the housing site development zone in Seo-gu, Daejeon-gu, Daejeon-gu, C.D.E.E and U.G.H.J.J.K.L.L. as the housing site development zone.

The development period of the project in this case is from December 16, 2003 to June 30, 201, and the approval date of the development plan of the project in this case is December 16, 2003.

B. The Defendant, as the instant project, intended to specially supply the land located in the instant project district to those who were deprived of their base of livelihood due to expropriation of the housing and land, as part of the relocation measures, and announced the relocation measures against those subject to the relocation measures on October 17, 2007.

C. On June 25, 2008, the Plaintiffs concluded a sales contract with the Defendant and Daejeon Seo-gu Seoul Special Metropolitan City in KRW 293,370,000 (hereinafter “instant sales contract”). The Plaintiff’s shares are 20.49/37.01, and Plaintiff B’s shares are 16.52/37.01).

[Establishment on the Establishment and Implementation of Relocation Measures] Article 16 (Scale of Supply) of the Housing Site for Migrants shall be supplied based on 165 square meters or 265 square meters per parcel in principle.

Provided, That the foregoing shall not apply where it is inevitable in consideration of the conditions of the relevant project district, such as the conditions of the land use plan and the efficiency of land use, the trend of the real estate market in the relevant area, etc.

Article 17 (Supply Price) (1) The unit supply price of a housing site for migrants shall be calculated in accordance with the following standards:

1. Seoul Metropolitan area and Metropolitan City areas: It shall be calculated by the arithmetic mean by the formula in subparagraphs 1 and 2 of attached Table 2; and

Provided, That if the calculated unit price of supply exceeds 80% of the cost of creation (excluding the cost of relocation measures, the cost of relocation measures shall not be considered at the time of calculating capital costs), it shall be 80% of the cost of creation.

In addition, the supply area exceeds 265 square meters.