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(영문) 의정부지방법원고양지원 2009.11.04 2008가합10723
부당이득금
Text

1. The defendant's unjust enrichment by plaintiff as stated in attached Form 2 "the calculation table of unjust enrichment" and the defendant's unjust enrichment.

Reasons

1. The following facts are acknowledged based on the respective descriptions of Gap evidence Nos. 1 to 5, 7, 9 to 13, and 17 and the purport of the whole pleadings.

A. The term “sale contract content” stated in the attached Form 3, including Plaintiff B, was incorporated into the E-district housing site development project area executed by the Defendant for the land of 837,550.8 square meters for the above C and D. The said housing site development project was designated and published as F in the public notice of the Ministry of Construction and Transportation on July 31, 199, and the approval of the development plan was published on October 25, 200 as G in the public notice of Gyeonggi-do on May 3, 200, and thereafter the approval of the implementation plan for the housing site development project and the implementation plan was approved on February 12, 2004 as G in the public notice of Gyeonggi-do on May 3, 2001, the approval of the implementation plan for the housing site development project and the implementation plan was approved (hereinafter “instant housing site development project”).

In the instant housing site development project, the Defendant, as part of the relocation measures against the initial buyers who lose their base of living due to the expropriation of the owned house or land, entered into a contract for sale with the first buyer as shown in the attached Form 3, with the amount of 651,000 won per 1 square meter per unit of land in the form of a free contract, after completing the relocation measures consultation and public announcement around March 10, 2003. The Defendant entered into a contract for sale with the first buyer as part of the sale price in the form of a free contract.

(hereinafter “instant sales contract”). C.

After the conclusion of the instant sales contract, the remaining Plaintiffs, other than Plaintiff B, succeeded to the rights and obligations under the instant sales contract from the initial buyer as shown in the attached Form 3, with the consent of the Defendant.

The first buyer or the plaintiffs who succeeded to his status shall be the sales price in accordance with the instant sales contract. (6) The amount of money stated in attached Table 2 (7) shall be the sales price.

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