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(영문) 서울고등법원 2016.01.29 2012나67674
부당이득금반환
Text

1. Of the part against Plaintiff B in the judgment of the court of first instance, Plaintiff B, who falls under the following order of payment.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in light of the whole purport of the arguments in each of the statements in Gap evidence Nos. 1-1, 3, 4, and 5-1, 2, 6-1, and 1-2, and 1-2.

Plaintiff

A, as a project implementer was incorporated into a project district of J-gu Seoul Metropolitan Government, the head of Dobong-gu Seoul Metropolitan Government (the approval date for the implementation of the project, April 15, 2008), A provided it to the above project, and as a result, E apartment (hereinafter referred to as E apartment) constructed as a special supply object of national housing under the "Rules on Special Supply of National Housing to the Removal Residents, etc." (hereinafter referred to as the "Rules on Special Supply"), E apartment (hereinafter referred to as the "E apartment") with regard to 306 Dong 604, 306, which was implemented by E Apartment Corporation (hereinafter referred to as the "E apartment") on September 30, 2009, entered into a sales contract with the E Apartment Corporation and the sales price of 276,562,000 won.

After that, the plaintiff A paid the sale price according to the above sale contract, and completed the registration of ownership transfer with respect to E apartment 306 Dong 604.

B. H, as a project implementer was incorporated into a L Construction Project, Seoul Special Metropolitan City, the Seoul Special Metropolitan City, 5.10 square meters and its ground buildings owned by H, offered it to the said project, and as a result, he was selected as a person eligible for the special supply of national housing under the Special Supply Rules of this case as to E apartment 407 Dong 801, Sept. 9, 2009, the sales contract was concluded by setting the sales contract amount of KRW 286,650,000 for E apartment 40 dong 801.

After that, Plaintiff B acquired and succeeded the status of H’s buyer, and paid the sale price and completed the registration of ownership transfer regarding E apartment No. 407, 801.

2. Each contract for the sale of each of the plaintiffs' claims is before it was amended by Act No. 8665 of Oct. 17, 2007.

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