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(영문) 수원지방법원성남지원 2010.12.30 2007가합7276
부당이득금반환
Text

1. The defendant Korea Land and Housing Corporation shall pay to the plaintiff A 82,737,180 won and 4,097,180 won among them.

Reasons

1. The basic facts were incorporated into a housing site development zone in which the Defendant, Sung-nam-si, the Korea National Housing Corporation, the Korea Land and Housing Corporation, the Korea Land and Housing Corporation (the Korea National Housing Corporation and the Korea Land and Housing Corporation were merged on October 1, 2009 and became the Korea Land and Housing Corporation; hereinafter “Defendant Korea Land and Housing Corporation”) and the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) and the Korea Land and Housing Corporation jointly implemented by the Gyeonggi-do.

Around December 26, 2001, the said housing site development project (hereinafter referred to as the “instant housing site development project”) was designated and publicly notified as a planned area for housing site development, and thereafter the Defendants received approval of the development plan for the housing site development project on or before December 30, 2003, approval of the development plan for the housing site development project on or before December 30, 2004, approval of the implementation plan for the housing site development project on or before May 30, 2005, and approval of the modification of the development plan and the implementation plan on or before December 2009.

The Defendants, as part of the measures for resettlement against the Plaintiffs who lost their means of living due to their accommodation of their own housing or land, were incorporated into the housing site development project district of this case, decided to provide the Plaintiffs with the P apartment (hereinafter “instant apartment”) to be constructed within the project district in the same manner as the general sale conditions in the execution of the housing site development project of this case.

Accordingly, Pungsung Housing Co., Ltd. (hereinafter “Pungsung Housing”) requested the Plaintiff to specially supply one of the instant apartment units from the Defendant Korea Land and Housing Corporation, and requested the Plaintiff to specially supply one of the instant apartment units to Plaintiff B and C, and entered into an apartment sale contract with the Plaintiffs on May 2006, with respect to each apartment unit listed in the attached Table 2, such as unjust enrichment, etc.

On the other hand, however,

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