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(영문) 서울중앙지방법원 2015.08.20 2010가합69884
부당이득반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As Plaintiff A, B, C, D, E, F, and H are incorporated into the project area for public works implemented by the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “Sdong head of Seongdong-gu”) as the land, building, etc. owned by him/her, the said land, building, etc. was provided for each of the relevant public works (hereinafter “each of the instant public works”).

B. On November 10, 2003, the Mayor of Gangdong-gu Seoul Metropolitan Government appointed the defendant as the implementer of the urban development project when he approved the designation of the urban development zone and the development plan for the JJ zone. On December 24, 2004, the defendant's housing construction project plan was approved on December 27, 2004, and the defendant's urban development project implementation plan was approved on December 27, 2004.

From November 10, 2003 to December 31, 2009, the defendant newly built and sold 2,331 apartment houses in the K Urban Development Project District.

C. As part of the relocation measures under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects to Plaintiffs A, B, C, D, E, F, and H (hereinafter “Land Compensation Act”), the head of Seongdong-gu, who is the project implementer of each of the instant public works, notified the Defendants that they are eligible for special supply housing units under the Seoul Special Supply Rules of the Seoul Special Supply Regulations (hereinafter “Seoul Special Supply Rules”), and notified the Defendant of the status of eligible for special supply housing units unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit

(hereinafter referred to as the above, "each apartment of this case" and each of the above supply contracts are "each of the sales contracts of this case" D.

Plaintiff

F transferred 1/2 of the status of each of the instant sales contract to Plaintiff G, and Plaintiff H transferred 1/2 to Plaintiff I.

[Ground of recognition] There is no dispute.

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