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(영문) 대전지방법원 2015.10.15 2015가단215769
부당이득금
Text

1. The defendant falls under the "amount to be returned" column in attached Form 2 of the calculation sheet for the purchase price in lots to the plaintiffs.

Reasons

1. Facts of recognition;

A. On December 18, 200, Seo-gu Daejeon Special Metropolitan City H, I, J, Sung-gu K, L, M,O, P, and Q Japan were designated as a planned area for the housing site development project (hereinafter “instant project district”). The defendant designated as a joint project operator for the instant project district as the joint project operator for the instant project district, upon approval of the project (hereinafter “instant housing site development project”). The defendant promoted the instant housing site development project within the said project district (hereinafter “instant housing site development project”).

On December 18, 2000, the first designation of a planned housing site development zone on December 20, 2001, the second designation of a planned housing site development zone on December 20, 2001, and the approval of the development plan on December 16, 2003, on September 6, 2005, for the alteration of the planned housing site development zone and the approval of the alteration of the development plan on January 6, 2006 (the notification of Daejeon Metropolitan City) on April 5, 2007, for the alteration of the planned housing site development zone on April 9, 2007, for the alteration of the planned housing site development zone, for the alteration of the planned housing site development zone, for the alteration of the planned housing site development plan, for the alteration of the planned housing site development zone, and for the approval of the alteration of the implementation plan (the notification of the Ministry of Land, Transport and Maritime Affairs).

B.1) The Defendant, as the instant housing site development project was incorporated into the instant project zone, agreed to specially supply the migrants’ housing site to be developed within the instant project zone as relocation measures for those who have lost their means of living due to the expropriation of their owned housing or land, etc. The Defendant entered into a contract for sale of migrants’ housing site (hereinafter “each contract for sale in this case”). Accordingly, the Defendant, as those who directly entered into a contract with the Defendant or succeed to rights and obligations from those who entered into the contract for sale in this case, paid the amount corresponding to attached Form 2 calculation table (hereinafter “attached Form 2 calculation table”) to the Defendant according to each contract for sale in this case.

C. Articles 16, 17 and 17 of the Rules on the Establishment and Implementation of Relocation Measures (hereinafter “Rules of this case”).

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