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(영문) 서울고등법원 2016.08.19 2013나135
부당이득금반환
Text

1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On October 7, 1998, the Minister of Construction and Transportation designated and publicly announced land A and B as a prospective housing site development area (hereinafter referred to as the “instant housing site development project”) and designated the project implementer of the housing site development project (hereinafter referred to as the “instant housing site development project”) as a project implementer of the Korea Land Corporation (the Korea Land Corporation was newly established and merged with the Korea National Housing Corporation on October 1, 2009, and the Defendant was collectively included before and after the merger).

On February 9, 2001, the Governor of the Gyeonggi-do approved the implementation plan for the housing site development project of this case and publicly notified it.

B. According to the implementation of the housing site development project of this case, the Defendant decided to specially supply a site for detached houses to be developed within the project district of this case to persons subject to relocation measures as part of the relocation measures for those who lose their base of livelihood due to the expropriation of their owned housing or land (hereinafter “persons subject to relocation measures”).

(The Defendant’s housing site to be specially supplied to the persons subject to the relocation measures for the housing site development project of this case is referred to as the “the housing site for the migrants of this case”).

Plaintiffs

2. As indicated in the contract for sale in lots and the report on the succession of rights and obligations, the Defendant entered into the contract for sale in lots (hereinafter referred to as the “instant contract for sale in lots”) with the Defendant, or succeeded to the rights and obligations under the contract for sale in lots from those subject to the contract for sale in lots, and

The Plaintiffs are attached Form, which is the selling price under each of the instant sales contracts (hereinafter referred to as “sale price of this case”) to the Defendant.

2. The term “sale price” in the sales contract and the registration slip of rights and obligations was fully paid.

(However, the plaintiff S, AA, AG, AK, and AL, whose area has been settled, paid the sales price after the area has been settled).

The defendant shall establish the Rules of September 28, 200, which are internal regulations, on the Establishment and Implementation of Relocation Measures.

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