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(영문) 대법원 2014.02.13 2012다119481
부당이득금
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, where one of the parties to the contract enters into a three-dimensional contract between the other party and a third party or by obtaining the consent of the other party, the third party who has taken over the contract succeeds to the status of the transferor, thereby transferring all the claims and obligations already incurred under the previous contract (see, e.g., Supreme Court en banc Decision 2007Da63089, 63096, Jun. 23, 201). According to the reasoning of the judgment of the court below, the court below concluded a sales contract (hereinafter referred to as the "sale contract in this case") with the Defendant with respect to the detached housing site in the instant project district (hereinafter referred to as the "the Housing Site in this case"). The court below acknowledged that Plaintiff A, B, and the non-party succeeded to all rights and obligations under the sales contract in this case from the non-party, and the defendant comprehensively acquired the status of the transferor as the contractor in the sales contract in this case.

In light of the above legal principles, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles on the succession of rights and obligations

2. According to Article 78 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665, Oct. 17, 2007; hereinafter “former Public Works Act”), with respect to the grounds of appeal Nos. 2, 3, and 5, a project operator shall either establish and implement relocation measures or pay resettlement funds as prescribed by the Presidential Decree for persons who are deprived of their base of livelihood due to the provision of residential buildings due to the implementation of public works (hereinafter “persons subject to relocation measures”).

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