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(영문) 서울고등법원 2013.10.10 2010나8084
부당이득금
Text

1. The plaintiffs and the succeeding intervenors E except the plaintiffs C, H, P, X, AF, AI, AP, AP, AU, and Y.

Reasons

1. Basic facts

A. On December 26, 2001, the members of the Sungnam-si branch and the revised branch of the housing site development zone who were residing by the plaintiffs were designated and publicly notified as the planned housing site development zone. The defendant is the project implementer of the BA district housing site development zone in which the said planned housing site development zone was designated as the project district in Gyeonggi-do, the Korea Land Corporation, and the Korea National Housing Corporation (hereinafter “instant housing site development project”).

B. The Plaintiffs, upon providing residential buildings upon the implementation of the instant project, lost their base of living. On October 2003, the Defendant decided to supply the instant detached housing site located within the instant project site (hereinafter “instant detached housing site”) as part of the relocation measures to the Plaintiffs, who are subject to relocation measures, as part of the relocation measures, as part of the relocation measures, and accordingly publicly announced “BA district housing site development project and compensation guidance” (hereinafter “instant relocation measures announcement”).

C. Meanwhile, the defendant set the sale price of the housing site to be specially supplied to the person subject to the relocation measures and the sale price of the housing site to ordinary consumers differently as follows.

(1) According to Article 13-2(7) of the Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 20722 of Feb. 29, 2008) and Article 18(1) [Attachment 3] of the Housing Site Development Promotion Guidelines (wholly amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 376 of Aug. 21, 2009), housing site supply price standards are stipulated that housing site construction sites in the Seoul metropolitan area like this case shall be supplied at appraisal prices. Thus, the defendant supplied a general consumer who is not a person subject to relocation measures at appraisal prices.

(2) A person subject to the measures for resettlement determined the amount of special supply at the price calculated in accordance with Article 17 of the "Rules on the Establishment and Implementation of Measures for Resettlement", which is the defendant's internal regulations, and Article 17 of the above Rules is as follows.

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

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