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(영문) 서울고등법원 2012.11.29 2011나103290
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

2. The defendant,

A. Attached Form 3.3 to Plaintiff A, B, C, D, E, and F

Reasons

1. Basic facts

A. On October 12, 1998, the Minister of Construction and Transportation designated L, M, N,O, and P Day as a planned housing site development area under the Housing Site Development Promotion Act at K in Yangyang-si, the Ministry of Construction and Transportation announced the Ministry of Construction and Transportation, and around that time, designated the project implementer of Q Q housing site development (hereinafter “instant project”) as the Korea Land Corporation (the Defendant established on October 1, 2009 was merged; hereinafter “Defendant”) and announced the alteration of the approval of the implementation plan and the housing site development plan on December 29, 2004.

B. The Defendant specially sold the housing site in the instant project district to the persons selected as those subject to relocation measures as part of the relocation measures for the residents who lost their base of living due to the expropriation of their owned housing or land, etc. as they were incorporated into the instant project district.

Plaintiff

A, B and Nonparty 5, W, X, Y, and Z concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on or around December 2005 with respect to the detached housing site (hereinafter “instant migrants’ housing site”) within the instant business district as a person subject to relocation measures, and the remaining Plaintiffs succeeded to all rights and duties under the instant sales contract from the Nonparty who entered into the sales contract.

Plaintiff

G, Plaintiff I, and J succeeded to the rights and obligations of each 1/2 share in the sale contract on the instant land, and Plaintiff E succeeded to the rights and obligations of 1/2 share in the sale contract on the instant land, but on March 10, 201, Plaintiff E succeeded to the rights and obligations of 1/2 share in the sale contract on the instant land, which is a joint equity right holder, and acquired all rights, such as a claim for return of unjust enrichment, against the Defendant in relation

C. At the time, pursuant to the internal regulations of the Defendant (Article 17 of the established rules on the establishment and implementation of relocation measures), the Defendant calculated the supply price of a detached house site in the following manner, and calculated the sales price of the instant case based thereon:

The unit cost of supply of the housing site for migrants shall be as follows:

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