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(영문) 서울중앙지방법원 2016.08.25 2015나66617
부당이득금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff against the main defendant Jung-gu Seoul Metropolitan Government shall be revoked, and that part shall be revoked.

Reasons

1. The plaintiff sought a return of unjust enrichment equivalent to the cost of installing infrastructure in the first instance trial, and then sought a return of unjust enrichment against the defendant Jung-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) in the first instance trial.

The court of first instance partially accepted the claim against the main defendant Jung-gu Seoul Metropolitan Government, and the main defendant Jung-gu Seoul Metropolitan Government filed an appeal.

The Defendants’ claim against the Defendants is filed in preparation for the case where one of the primary Defendant and one of the conjunctive Defendant is deemed the beneficiary, and if one of the conjunctive Defendant is affirmed, it is a preliminary co-litigation relationship in which the other party’s legal effect is denied. As such, the confirmation of the part against the Defendant Seoul Special Metropolitan City is interrupted by the appeal of the Jung-gu Seoul Special Metropolitan City, and it is subject to the adjudication

2. Basic facts

A. The plaintiff provided residential real estate owned by the plaintiff for the urban planning facility project (road), and its contents are as follows. The date of the public notice of the project name of the project implementer (the date of public notice for public inspection) and the date of the public notice of the project approval (the date of public notice for public inspection) shall be L on June 9, 2005 (the May 2005).

B. The Plaintiff entered into the instant sales contract for the apartment of the Gangseo-gu Seoul Metropolitan Government M&N area, which was entrusted by the said project implementer with the special supply of national housing, and paid the sales price. The sales price indicated in the table below is the amount including the installation cost of the “basic living facilities” under Article 78(4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Public Works Act”).

Plaintiff

Co-ownership of the co-ownership of the same site as the date of sale in lots C on June 16, 2008, No. 707 702 266,934.

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