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(영문) 수원지방법원성남지원 2011.11.23 2011가합8016
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On May 28, 2003, the Act on Temporary Measures for the Improvement of Dwelling Conditions for Low-Income Urban Residents was repealed on December 30, 2002, and the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6893, May 29, 2003; hereinafter “former Act”) was enforced from July 1, 2003. Article 5(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6893, Dec. 30, 200) provides that “The residential environment improvement district and residential environment improvement plan designated under the Temporary Measures Act at the time of the enforcement of this Act shall be deemed designated and established under the provisions of this Act.” According to the evidence No. 4, the Defendant appears to have conducted the residential environment improvement project in this case under the former Act, and thus review the application of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Areas.

As a result, the Korea National Housing Corporation (the Defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter collectively referred to as the “Defendant”) was designated and publicly announced as the “B district” residential environment improvement project district, and as the implementer of the said residential environment improvement project (hereinafter referred to as the “instant project”).

B. On February 7, 2005, after obtaining approval of the housing construction project plan for the instant project, the Defendant newly constructed a C apartment house in the instant project district (hereinafter “instant apartment”) and supplied the land to the owner of the land, etc. in the instant project district where the land was owned within the district or residential buildings, etc. were demolished (hereinafter “district resident”).

C. The Plaintiffs, as a global resident of the instant project district, are supplied with the instant apartment and signed a sales contract with the Defendant (hereinafter “each of the instant apartment units”) on or around September 28, 2009, as indicated in the attached Table 2 of the Contracts, or have sold or donated the sales right from the global resident who signed the sales contract.

Grounds for recognition: there is no dispute.

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