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(영문) 서울중앙지방법원 2012.07.10 2010가합62425
부당이득금
Text

1. The defendant

A. The amount of KRW 4,583,217 to Plaintiff R is 5% per annum from July 2, 2009 to July 10, 2012.

Reasons

1. Basic facts

A. The plaintiffs (excluding plaintiffs Y, Z, AC) and AE (hereinafter "the plaintiff et al.") provided their respective real estate for the above public works as they are incorporated into the AF Urban Development Project Project District implemented by the defendant.

B. As the Defendant notified the Plaintiff, etc. that he is eligible for special supply housing units under the Seoul Special Supply Rules of National Housing to the removal citizens of the Seoul Special Supply Rules (hereinafter “Special Supply Rules”), the Plaintiff, etc. applied for the application for special supply housing units to the Defendant, and each of the Seoul Gangdong-gu Seoul Metropolitan Government AG apartment units (hereinafter “each of the instant special supply houses”) was sold in lots.

C. AE transferred the status of the above sales contract to Plaintiff Y, and Plaintiff A transferred the status of 1/2 of the above sales contract to Plaintiff Z, and Plaintiff AB transferred the status of 1/2 of the above sales contract to Plaintiff AC, and the above transfer was approved by the Defendant.

Accordingly, the details of sale to the plaintiffs on each of the special housing units of this case are as shown in attached Table 2. D.

After fully paying the purchase price to the Defendant according to the above sales contract, the Plaintiffs acquired the ownership of the relevant number of houses sold out of each of the special supply houses of this case.

E. (1) On November 10, 2003, the Seoul Special Metropolitan City Mayor (hereinafter “Seoul Special Metropolitan City Mayor”) approved the designation of an urban development zone and development plan for the AF Urban Development Project, and approved the housing construction project on December 24, 2004, and approved the implementation plan on the 27th of the same month.

(2) The AF Urban Development Project was carried out from November 10, 2003 to December 31, 2009, and the Defendant sold apartment buildings with 2,31 households (300 households with exclusive use area of 59 square meters, exclusive use area of 84 square meters, 114 square meters and 53 households with exclusive use area of 114 square meters), including each of the instant special supply housing, in Gangdong-gu Seoul Metropolitan Government AH Japan.

(iii).

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