(영문) 서울고등법원 2015.01.29 2014나37011

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(영문) 서울고등법원 2015.01.29 2014나37011

부당이득금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

Basic Facts

On June 28, 2002, the Simpo-si, Gumpo-si, Simpo-dong, and Simpo-dong were designated as a prospective housing site development area under the Ministry of Construction and Transportation Notice No. 2002-130 on June 28, 2002, and the Korea National Housing Corporation (the Defendant was established on October 1, 2009 and comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter the Korea National Housing Corporation and the Defendant collectively referred to as the “Defendant”) was designated as a project implementer for the housing site development in the

(2) The Defendant, as part of the relocation measures, agreed to specially sell the land for detached houses that will be developed in the instant project district to the said persons as part of the relocation measures for those who have lost their means of living due to the expropriation of their housing or land, etc. as a result of the incorporation of the instant project district into the said project district.

Accordingly, the Defendant concluded each sales contract with some of the designated parties listed in the separate sheet No. 2 (hereinafter referred to as the “designated parties”) to sell each of the relevant areas in the column of “sale price” listed in the separate sheet No. 2 attached Table No. 2 attached hereto (hereinafter referred to as the “sale contract of this case”; and some of the designated parties acquired the rights and obligations of buyers under each of the sales contracts of this case from the residents who entered into the sales contract of this case with the Defendant as a person subject to relocation measures.

(2) The Defendant’s internal regulations on the establishment and enforcement of relocation measures (hereinafter “established rules of this case”) stipulate the supply of housing sites to those subject to relocation measures as follows.

Article 16 (Scale of Supply) The scale of supply of unsettled housing sites shall be.

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