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(영문) 수원지방법원성남지원 2015.11.24 2014가합5391
부당이득금반환
Text

1. The defendant stated to the plaintiffs the "final unjust enrichment" column in the attached calculation sheet and each corresponding money, respectively.

Reasons

1. Facts of recognition;

A. On September 25, 2001, the Korea Housing Corporation (Korea Housing Corporation and Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter “the defendant”) which is the implementer of the instant project, obtained approval of the development plan on February 6, 2004, approval of the implementation plan on December 29, 2004, and approval of the alteration plan and implementation plan on August 30, 201, respectively, for the instant project.

B. On March 19, 2004, the Defendant publicly announced a compensation plan to specially sell a detached house site to be developed within the instant project district (hereinafter “instant migrants”) as part of the relocation measures for those who were expropriated housing or land, etc. and lost their base of living as a result of the incorporation of the instant project district into the project district.

C. As to each parcel of land indicated in the “location number” and “supply area” in the attached Form No. 1 of the Plaintiff Claim, the Defendant concluded each sales contract by setting each amount indicated in the “sale price” column in the same table as those subject to relocation measures as the sale price.

(hereinafter “each of the instant sales contracts”). The Plaintiffs entered into a direct sales contract with the Defendant, or succeed to the rights and obligations under the relevant sales contract from the buyers who entered into the sales contract.

The plaintiffs paid each purchase price to the defendant on the date stated in the "final payment date" column in the attached Form No. 1 of the plaintiff's claim in accordance with each of the sales contracts in this case.

The reasons why each of the plaintiffs' actual payments is different from the amount stated in the "sale Price" column in the same table as the amount actually paid by the plaintiffs (the amount stated in the "total payment" in the same table) are different from each of the sales contracts in this case.

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