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(영문) 서울중앙지방법원 2013.05.22 2009가합76909
채무부존재확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Each buyer in the separate sheet for calculation of unjust enrichment (hereinafter “each buyer in this case”) included the housing, land, etc. owned by him in the project district of each public works indicated in the separate sheet for calculation of unjust enrichment in the same attached Form “public works” (hereinafter “Defendant autonomous Gu”), and provided the housing, land, etc. owned by him for the above public works as they were incorporated into the project district of each public works indicated in the separate sheet for calculation of unjust enrichment (hereinafter “each public works of this case”).

B. Defendant autonomous Gu’s each buyer of this case who provided real estate for each public project of this case, prior to the amendment by Rule 3616 of the Seoul Special Supply Rule of National Housing to the removal residents of this case.

c. The Seoul Metropolitan Government Special Supply Regulations :

A) Pursuant to the notification, each of the instant buyers notified that they are eligible for special supply housing units, and each of the instant buyers applied for special supply housing units to Defendant autonomous Gus. (c) Defendant autonomous Gus notified Defendant SP Corporation of the current status of applicants for special supply in accordance with the procedures set out in the Seoul Special Supply Rules. Defendant SP Corporation notified Defendant SP of the current status of applicants for special supply housing units, and notified Defendant SP Corporation again to Defendant autonomous Gus of the results thereof, and finally Defendant autonomous Gus confirmed each of the instant buyers as eligible for special supply. D. Defendant SP Corporation confirmed that each of the instant buyers was eligible for special supply.

() In the process of newly building and selling 2,31 households (30 households of 59 square meters in exclusive use area, 1,978 square meters in exclusive use area, 114 square meters in exclusive use area, and 53 households in exclusive use area, each of the buyers of this case who are determined to be subject to special supply and the "multi-supply apartment" in the attached Table for calculation of unjust enrichment with respect to each apartment unit.

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