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(영문) 서울중앙지방법원 2016.06.24 2014가합550814
부당이득금
Text

1. The lawsuit against the defendant in Seodaemun-gu Seoul Special Metropolitan City by the plaintiff A and B shall be dismissed;

2. Attached Table 2. The calculation table of unjust enrichment.

Reasons

1. Basic facts

A. The number of buyers listed in the attached Table 5’s “sellers” (hereinafter “the number buyers of this case”) was incorporated into the project districts of each of the public works listed in the “project implementer” listed in the attached Table of the same Table (hereinafter “each of the public works of this case”) or each of the conjunctive Defendant Seoul Special Metropolitan City (hereinafter “each of the public works of this case”), and provided housing, land, etc. owned by them for 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 “instant Special Supply Rules”), intended to specially supply national housing to the buyers of this case in the Gangdong-gu Seoul Metropolitan Government Seoul Metropolitan Government CMF Housing Site Development Project District (hereinafter “instant project district”), and publicly notify the buyers of this to apply for national housing.

C. From September 5, 2005 to December 31, 2010, E.S. newly constructed, leased, and sold an apartment unit of 3,524 households (1 complex 605 units, 2 complex 11 units, 636 units, 3 complex 41 units, 283 units) (hereinafter “instant apartment unit”) in the instant project district (hereinafter “instant apartment unit”). From September 30, 201 to October 29, 201, E.S. concluded a sales contract for each apartment unit of 3,524 units (hereinafter “instant sales contract”).

The sale area of each apartment site shall be as shown in the corresponding column of attached Tables 3 and 4.

Plaintiff

E, BH, H, BJ, BK, BM, BN, CN, Z, AB, AB, CP, CU, Q, CR, AP, Q, Q, BZ, AV, and AV have succeeded to the rights and obligations under the instant sales contract from some of the buyers of this case, and obtained approval from EP.

E. Plaintiff CTS is from Plaintiff CT, and Plaintiff V.

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